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HomeMy WebLinkAbout05-10-2023 CC AgendaCM t.1 SE,BAST" HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL REGULAR MEETING AGENDA WEDNESDAY, MAY 10, 2023 — 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MR Y BE INSPECTED IN THE OFFICE OF THE CITY CLERK OR ON THE CITY'S WEBSITE 1. CALL TO ORDER 2. MOMENT OF SILENCE 3. PLEDGE OF ALLEGIANCE — Led by Council Member McPartlan 4. ROLL CALL 5. AGENDA MODIFICATIONS Modifications for additions require a unanimous vote of City Council 6. PROCLAMATIONS, AWARDS. BRIEF ANNOUNCEMENTS Presentations ofproclamations, certificates and awards, and brief timely announcements by Council and Staff. No public input or actions under this heading. A. Proclamation — National Peace Officers Memorial Day — May 15, 2023 and National Police Week — May 14-20, 2023 - Accepted by Members of Sebastian's Police Department B. Proclamation — National Public Works Week - May 21-27, 2023 C. Proclamation — National Wear Your Life Jacket to Work Day on Friday, May 19, 2023 and National Safe Boating Week - May 20-26, 2023 — Accepted by Mark Cannon, USCG Auxiliary, Flotilla 56 Brie{Announcements: Monday, May 15 — Wreath Placement Ceremony Honoring Our Fallen Heroes — Indian River Courthouse - 10: 00 am 7. PUBLIC INPUT The heading on Regular Meeting agendas "Public Input " provides an opportunity for individuals to bring NEW INFORMATION OR REQUESTS TO CITY COUNCIL NOT OTHERWISE ON THE PREPARED AGENDA. Individuals are asked to resolve matters with staff prior to meetings. Individuals are asked to provide copies of materials for Council one week prior to the meeting if they intend to refer to specific material. City Council will not debate an issue during Public Input but may by consensus direct a Charter Officer in regard to the item if necessary or place a requested item on a future agenda. 1 of 195 8. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. If a member of the public wishes to provide input on a consent agenda item, he/she should request a Council Member to remove the item for discussion prior to start of the meeting or by raising his/her hand to be recognized. pgs 5-6 A. Approve Change Order #7 in the Amount of $6,985,883.19 to Wright Construction to Finalize the Public Works Facility Complex Construction Project (Transmittal, CO#7) pgs 7-23 B. Approve a Work Services Agreement Under the Continuing Professional Engineering Consulting Services Agreement with Hanson Professional Services, Inc. in Amount of $28,467.00 to Perform the Construction Engineering Inspection Services of the Four Square Hangars at the Sebastian Municipal Airport and Authorize the City Manager to Execute the Related Documents (Transmittal, Ex. A, Agreement) pgs 24-26 C. Approve the Slip Lining of Joy Haven and Admiral Circle Culvert by Shenandoah in the Amount of $49,060.61 (Transmittal, Proposals) pgs 27-34 D. Approve the 2023-2024 Dates for the Craft Club of Sebastian Events at Riverview Park (Transmittal, Letter, Application, Tax Exempt Certificate) pgs 35-37 E. Approve Alcoholic Beverages for the Hammer Family Event at the Yacht Club on June 3, 2023 from 5:00 p.m. to 11:00 p.m. — Permittee DOB Verified (Transmittal, Application, Receipt) pgs 38-40 F. Approve Alcoholic Beverages for the Molter Family Event at the Yacht Club on June 17, 2023 from 12:00 p.m. to 5:00 p.m. — Permittee DOB Verified (Transmittal, Application, Receipt) pgs 41-43 G. Approve Alcoholic Beverages for the Davenport Family Event at the Yacht Club on July 8, 2023 from 1:00 p.m. to 5:00 p.m. — Permittee DOB Verified (Transmittal, Application, Receipt) pgs 44-47 H. Approve Alcoholic Beverages for the Dexter Family Event at the Yacht Club on August 6, 2023 from 10:00 a.m. to 2:00 p.m. — Permittee DOB Verified (Transmittal, Application, Receipt) pgs 48-50 I. Approve Alcoholic Beverages for the Avila Family Event at the Community Center on November 4, 2023 from 2:00 p.m. to 9:00 p.m. — Permittee DOB Verified (Transmittal, Application, Receipt) 9. COMMITTEE REPORTS & APPOINTMENTS City committee reports and Council Member regional committee reports. No public input or action except for City committee member nominations and appointments under this heading. 2of195 10. PUBLIC HEARINGS - None 11. UNFINISHED BUSINESS pgs 51-73 A. Appoint Andrew W. Mai to Represent the City in the Pelican Island Audubon Society v. City of Sebastian, Case No. 23-AP-03 (Transmittal, Court Filing) 12. NEW BUSINESS pgs 74-129 A. Consider the RFP #23-08 for the Sale and Redevelopment of City Owned Property and Provision of a Mixed -Use Development Located at 1215 Indian River Drive, Sebastian, Situated in the Community Redevelopment Area (Transmittal, RFP) pgs 130-195 B. Consider the RFP #23-11 for the Sale and Redevelopment of City -Owned Property and Provision of a Mixed -Use Development at 100 Veterans Memorial Way, Sebastian, Situated in the Community Redevelopment Area (Transmittal, RFP) 13. CITY ATTORNEY MATTERS 14. CITY MANAGER MATTERS 15. CITY CLERK MATTERS 16. CITY COUNCIL MATTERS A. Council Member McPartlan B. Mayor Jones C. Vice Mayor Nunn D. Council Member Dixon E. Council Member Dodd 17. ADJOURN (All meetings shall adjourn by 9: 30 pm unless extended for up to one half hour by a majority vote of City Council) NO STENOGRAPHIC RECORD BY A CERTIFIED COURT REPORTER WILL BE MADE OF THE FOREGOING MEETING. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL, BOARD OR AGENCY WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONYAND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (F.S.286.0105) IN COMPLIANCE WITH THE AMERICAN WITH DISABILITIES ACT (ADA) OF 1990, ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 388-8226 - ADA @CITYOFSEBASTIAN.ORG AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. ZOOM INFORMATION Please click the link to join the webinar: https://us02web.zoom.us/j/86339087510 3of195 Or One tap mobile : +13052241968„86339087510# US +13017158592„86339087510# US (Washington DC) Webinar ID: 863 3908 7510 PROCEDURES FOR PUBLIC INPUT IN ACCORDANCE WITH RESOLUTION NO. R-21-32 Regular Citv Council Meetings Public innut is ALLOWED under the heading: Consent Agenda • Public Hearings • Unfinished Business • New Business • Public Input Public Input is NOT ALLOWED under the headines: Proclamations, Awards, Brief Announcements (except for individuals giving or accepting proclamations or awards); Committee Reports and Appointments (except for committee members giving reports and applicants being interviewed for committee appointments); • City Council Matters • Charter Officer Matters • Council may, by majority vote, call upon an individual to provide input if desired. Workshops and Special Meetings Public input is limited to the item on the agenda Time Limit Input on agenda items where public input is permitted on agendas is FIVE MINUTES; however, City Council may extend or terminate an individual's time by majority vote of Council members present. Input Directed to Chair Speakers shall address the City Council IMMEDIATELY PRIOR TO CITY COUNCIL DELIBERATION of the agenda item and ALL INPUT SHALL BE DIRECTED TO THE CHAIR, unless answering a question of a member of City Council or City staff. Individuals shall not address City Council after commencement of City Council deliberation on an agenda item after public input has concluded, providing, however, the Mayor and members of City Council may recall an individual to provide additional information or to answer questions. Certain Remarks Prohibited Personal, impertinent, and slanderous remarks, political campaigning, and applauding are not permitted and may result in expulsion from the meeting. The Chair shall make determinations on such remarks, subject to the repeal provisions below. Appealing Decisions of Chair Any member of Council may appeal the decision of the Chair to the entire Council. A majority vote of City Council shall overrule any decision of the Chair. Public Input Heading on Agenda The heading on Regular Meeting agendas "Public Input" provides an opportunity for individuals to bring NEW INFORMATION OR REQUESTS TO CITY COUNCIL NOT OTHERWISE ON THE PREPARED AGENDA. Individuals are asked to attempt to resolve matters with staff prior to meetings. Individuals are asked to provide copies of material for Council one week prior to the meeting if they intend to refer to specific material. City Council will not debate an issue during Public Input but may by consensus direct a Charter Officer in regard to the item if necessary or place a requested item on a future agenda. 4 of 195 �7ir�y HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meetinq Date: May 10, 2023 Aaenda Item Title: Approval of Change Order #7 for Wright Construction at the PW Complex Recommendation: Staff recommends Council approve Change Order #7 to finalize the PW Complex construction project Backqround: The Public Works Complex was built by Wright Construction. The City would like to close out and finalize all paperwork and billing associated with the project as the building has been completed and Is currently occupied. This change order is being submitted to Include costs that were not originally Intended or associated with the project and were unforeseen Issues that Wright construction resolved, although it was beyond the scope of their contract. This additional work was completed by Wright Construction to ensure they left the City with a functional and complete building. Since the City of Sebastian was directly purchasing or paying bills as they were received, this reduces the retainage or remaining value on the project due to Wright Construction. The change order also shows that the project extended beyond their or€ginal contract deadline due to permitting and utility delays; however, Wright Construction was consistently pursuing the job. Once this change order Is approved the City will pay Wright Construction their retainage and close out the project. If Agenda Item Reauires Expenditure of Funds: Budgeted Amount: $6,985,883.19 Total Cost: $6,985,883.19 No additional funding required Attachments. 1. Change Order #7 Public Works Complex A2030 Administrative Services Departmen evie4 -A-11' '�• G. �t-�`z City Attorney Review:. Procurement Dlvlslon Review, if applicable: - City Manager Authorization: � ----`� J w Date: .-/ 3 /1L 5of195 MY Of ,nAsTAN �t= HOME OF PELICAN ISW0 CITY OF SEBASTIAN CHANGE ORDER FORM CHANGE ORDER #: 7 PURCHASE ORDER #: 9490 CONTRACTOR: Wright Construction Group ADDRESS: 5811 Youngquist Rd Tort Myers, FL 33912 PROJECT NAME: Public Works Complex PROJECT #: A2030 CONTACT NAME: Scott Lolacano CONTRACT DATE: 4 March 2021 By the signature affixed below, both the City and the Contractor agree to the changes as stipulated herein. Upon proper execution of this document, the Contractor is hereby notified to commence work. All changes stated below are hereby incorporated and made a part of the Contract identified above, and all the terms and conditions of said Contract are enjoined and in full force while executing the change(s) stipulated as follows: DESCRIPTION: This change order is to decrease the Purchase Order for Wright Construction in the amount of $ 7,583.16 as a result of direct purchases by the City and credits for completed DPO's with balances remaining as follows: Indian River County Utilities $ 299.35 O'Reilly Auto Parts $ 405.60 Clean Space Inc $ 2,975.00 Amazon $ 114.00 Gotta Go Green $ 518.83 Glover Oil $ 4,225.10 Coastal Oil Recovery $ 910.00 Coastal Oil Recovery $ 1,355.00 EnviroTrac $ 2,475.00 Sherwin Williams PO # 9825 ($ 2,880.56) Core & Main PO # 9558 ($ 2,814.16) This change order also adds (72) days to the contract time due to delays in permitting and the necessity of the Off -Site City of Sebastian Sewer Expansion Project to be functional prior to CO. The permitting delays were caused by the expiration of the gopher tortoise "take" permits during the scrub jay permitting process. A) CONTRACT PRICE PRIOR TO THIS CHANGE S 6.993A66.35 NET INCREASE (DECREASE) RESULTING FROM THIS CHANGE S t7.583.161 NEW CONTRACT PRICE INCLUDING THIS CHANGE ORDER S 6.985.893.19 B) CONTRACT TIME PRIOR TO THIS CHANGE (NUMBER OF DAYS) 514 days NET INCREASE (DECREASE) RESULTING FROM THIS CHANGE (NUMBER OF DAYS) 72 days NEW COMPLETION DATE INCLUDING THIS CHANGE 10/10/22 AGREED: CONTRACTOR: CITY OF SEBASTIAN: 'GA Bate: 3 Date: Autho`zed Signature Authorized City Manager Approvals By City of Sebastian Staff: City Manager Authorization -- cumulative amount less than 15% of contract price or $15,000 single change order. City Council Authorization — cumulative amount exceeds 15 % of the contract price or $15,000 single change order. (Meeting Date ) CFTY OF SEBASTIAN City Manager }� Project Manager / as to engineering Procurement Manager as to purchasing Administrative Services as to budget City Attorney as to legal Date Jeanette Williams, City Clerk 6 of 195 HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date;• May 10, 2023 Agenda Item Title: Approval to select Hanson Professional Services, Inc. for a Work Services Agreement to perform the Construction Engineering inspection (CET} Services involving the construction of Four (4) Square Hangars at Sebastian Municipal Airport and authorize the City Manager to execute the related documents. Recommendation: Staff recommends City Council approve a Work Services Agreement for Hanson Professional Services, Inc, in the amount of $28,467 to perform Construction Engineering Inspection (CEI) Services involving the construction of Four (4) Square Hangars at Sebastian Municipal Airport, and authorize the City Manager- to execute related documents. Background: On September 28, 2022, City Council passed Resolution R-22-30 approring a FDOT Public Transportation Grant Agreement (PTGA) FM445949-1, allowing $1,570,1300 in funds for the construction of Four (4) Square Hangars at Sebastian Municipal Airport, On April 12, 2023, Council approved Wright Construction as the Design -Build firm for 'dus project. This agenda item references the assignment of Hanson Professional Services, Inc. to perform Construction. Engineering Inspection (CEI) Services for this project, Hanson Professional Services, Inc., is a City of Sebastian continuing consultant engineering company, and has submitted a quote of $28,467 to perform CEI services. These services are funded by the state FDOT grant (80%) and City funds (20%). This Agenda Item Does Not Require the Expenditure of Funds Project Total Budget: $1,570,000.00 Work Services Agreement Cost: $28,467.00 Source of Funds: $22,774.00 - FDOT PTGA Grant 80% $ 5,693.00 - Discretionary Sales Tax Fund Attachments: 1. Exhibit A: Scope of Work & Fee Breakdown 2. Hanson Continuing Consulting Agreement Administrative Services Dep eut Review:'J( City Attorney Review: Procurement Division Review, if applicable: ' �6� ` City Manager Authorization: Date; 7 of 195 Hanson Professional Services Inc. City of Sebastian Continuing Professional Engineering Consulting Services Agreement Task Order No. 21AO098T01 WHEREAS, CITY OF SEBASTIAN, subsequently referred to as "Client," and Hanson Professional Services Inc., subsequently referred to as "Hanson," have previously entered into a NON-EXCLUSIVE AGREEMENT for CONTINUING PROFESSIONAL ENGINEERING CONSULTING SERVICES dated November 19, 2021, providing for the assignment of project -specific Scopes of Services, WHEREAS, the Client wishes to retain Hanson to provide professional services in connection with Hangar Development Phase II subsequently referred to as "Project", and WHEREAS, the Scope of Services to be performed by Hanson for the Project is defined below, NOW, THEREFORE, this TASK ORDER is made this 30th day of March, 2023 to provide the Scope of Services and other terms and conditions as required for completion of the services. Article I - Scope of Services Project Description: This project provides professional construction observation services associated with the construction phase services and construction observation services of a new hangar development at the Sebastian Municipal Airport (X26). City of Sebastian (CLIENT) has a FDOT Grant to development four hangars. The project: is the construction of four (4) new 60'x60' hangars and connecting apron. These hangars are to be built on pads previously built as part of the Taxilane 1 Sitework for Future Hangar Development & Taxiway "A" Repairs Phase I. The project also includes construction of associated site elements, including aircraft parking apron, utilities, and other associated work. The CLIENT has requested Hanson provide general construction administrative services and construction observation services for the sitework improvements, building specifications, utilities and building erection related to the hangar development. Services: The Scope of Services to be provided is limited to the following: A. Construction Contract Administration Hanson will provide Construction Contract Administration services to the CLIENT during the construction phase of the project. Work includes pre -construction, substantial completion, and final completion services. Work will begin at Notice to Proceed (NTP). This phase anticipates the following tasks: 1. General Construction Administration/Coordination. Provided as needed. 2. Pre -Construction Meeting/Minutes. Prepare meeting agenda, sigin-in sheet, and meeting notes. The meeting notes and sign -in sheet will be electronically distributed to attendees. 3. Submittal/Shop Drawing Reviews. 4. Respond to Contractor Request For Information (RFIs). 5. Pay Requests. Evaluate Contractor Pay Requests. Review Contractor pay requests and recommend payment, including adjustments in accordance with the contract documents. 6. Change Orders. Review and process contractor requests for change orders. W, LEGL0230 Rev 0 Page 1 of 3 <!3! HANSON 8 of 195 7. Project Close -Out. Assemble and submit final project records. B. Construction Observation Hanson will provide Construction Contract Administration services consisting of Construction Observation to the CLIENT during the construction phase of the project. This work will be part-time in nature, periodically reviewing the general construction activities and observing the major construction events. Observations will commence at the end of the submittals period of construction contract administration, approximately concurrent with Construction NTP. This phase anticipates the following tasks: 1. Resident Project Representative a. Initial Project Review/Prep Time b. 15 Project Site Visits During Construction (8 hrs/day). Site visits to observe construction progress with general conformance and quality of work to the contract documents. c. Project/Construction Coordination & Bi-Weekly Meetings. Project staff to participate (by phone conference) in construction progress meetings/coordination to discuss and coordinate project specifics with airport staff and/or contractor. d. Substantial Completion/Punch List and Final Inspection. 2. Record Drawings. Coordinate with the Contractor to provide final project record drawings. Subconsultants & Subcontractors Hanson will obtain the services of the following subconsultant on an as needed basis: • A materials testing laboratory meeting the grant requirements to conduct necessary compliance testing for the Material Quality Assurance Program. • A surveyor to validate existing survey data and contractor survey results Qualifications 1. Scope assumes that grant obligations will be limited to FDOT requirements and that no FAA funding requirements are to be included. 2. Direct expenses related to the project, such as travel and per diem will be reimbursed at the allowable FDOT rates. 3. Only those services identified above are included in this Agreement. Article II - Schedule 1. The project schedule is a total of 180 Calendar days based on the following assumptions for phase duration: Work Phase Calendar Days A. Construction Contract Administration 180 (After Contract NTP) B. Construction Observation: 90 (Concurrent with F.1 Total Contract Time 180 Calendar Days Article III - Charaes Charges for professional services performed by Hanson in completing the Scope of Services associated with this Task Order will be made on a lump sum basis. LEGL0230 Rev 0 Page 2 of 3 HANSON 9 of 195 Article IV - Cost of Services Charges for professional services performed by our firm for all services listed in the Scope of Services will be made on the basis of a $28,467.13 lump sum. Billings will be issued at least monthly and will be based on the estimated percentage of the total Scope of Services that has been completed. Article V . Additional Terms and Conditions Done Article VI - Client Contact Person All verbal or written communications with the Client regarding this Task Order shall be directed to the party or parties listed below: John Thompson Aviation Project Manager Phone: 772-807-3973 Email: jhompson@hanson-inc.com By executing this Task Order, Client and Hanson hereby agree to and accept the terms as stated herein and the terms and conditions of the above -referenced Master Professional Services Agreement, Hanson Professional Services Inc. City of Sebastian By: By: Blake Swafford Title: Vice President Title: Date: Date: 1. �� I. a�JJ�lll II_JY►�� iL�LIWIIIII,111,�11.11111 �_I �I.illL,.iLII IIJJi L��I, �lu.�i.� I.JI II i II IIIIIIIWJWIiI.tl ■�f �� LEGL0230 Rev 0 Page 3 cf 3 <0! 10 of 195 HANSO Hanson Professional Services Professional Services Estimated Fee Breakdown X26 FOUR (4) SQUARE HANGAR CONSTRUCTION CONSTRUCTION ADMINISTRATION AND RPR SERVICES; Lump Sum Project Manager Total ! ENG Vil ENG VI TECH V1i ADMIN V Total Labor !Expense Total Cost REM DESCRIPTION $216,00 $102,00 Si 35.00 $105.00 Total Hours Cost Estimate Estimate Estimat► Part i Basic Services 1TaskI Construction Contract Administration i 1 General Construction AdministrationfCoordinetion 2 4 1 7 $1.265.00 =7,255.W l 2 Pra-Construction Meeti�inutes 1 4 5 $722.D0 lim.00 I f 3 SubmittallShgy Draw'ut evie ws t a 4 13 52.212.D0 f2.212.OD I j 4 Respond to Zntractor equest For Information 1 2 2 5 S850.D0 $850.00 I 5 Pay k vests 1 1 2 4 S668.00 5868.00 I _ _ _ I 6 Cho a3rders 1 _ _ _ _ _ 5 2 4 5668.00 S668.00 I I 7 Prolacl Ciose-Out 1 1 4 6 $938.00 5938.00 l Hours Sub-Totat 7 18 18 1 44 Task I Sub -Total: S1,512.00 53,276.00 $2,430.00 S105.00 $7,323.00 MCA $7,323.00 I Part 2 Special Services j TASK 7f Construction Observation I I 1 Resident Pralect Re?resentative Initial Project Review/Prep Time B 8 S1.080.0o S1,080.00 1 I 15 Pe n J Site MsBs Ounny ConstrucibB hrs/dayl 120 00 120 S162.00 $442.13 $15.64213 1 I Projec Construction Coordination 3 Bi-Waekty Meotincis 8 8 S1.060.00 S1.080.00 1 I Substantial Cample ionlPunch List snd Flnai Inspection 12 12 $1.620.00 S1.820.00 1 I 2 Record Dnawiners 1 4 5 ST22.00 1722A0 1 Task 11 Sub -Total: 0 1 152 a 153 I $0.00 $192.00 $20.520.00 SD.Da $20.70700 $442.15 $21.144.13 I TOTAL HOURS 7 19 170 1 107 St,S12.00 $3,458.00 $22.959.00 $105.00 $28.026.00 S44L13 $28,467.13 NOTE: Adval labor, expenses and subconsultant Costs may Vary. TOTAL LUMP SUM 8ERV%'U 828.467.13 Primed', 313012023 Page 1 of 1 11 of 195 DocuSign Envelope ID: 148FOOCI-2598-4123-B5CS-DC2FAD32FCC1 NON-EXCLUSIVE AGREEMENT For CONTINUING PROFESSIONAL ENGINEERING CONSULTING SERVICES This AGREEMENT, entered into this 19t' day of November, 2021 by and between the CITY OF SEBASTIAN, a Florida municipal corporation, hereinafter referred to as the "CITY", and HANSON PROFESSIONAL SERVICES, INC., whose address is 6230 University Parkway, Suite 202, Sarasota, FL 34240, hereinafter referred to as the ("ENGINEER CONSULTANT")". WITNESSETH That the CITY and the ENGINEER CONSULTANT, in consideration of their mutual covenants, herein agree with respect to the performance of professional engineering services by the ENGINEER CONSULTANT, at the request of the city, and the payment for those services by the CITY, as set forth below and in individual Work Orders. This agreement shall be referred to as the "MASTER AGREEMENT" under which future Work Orders will apply. The ENGINEER CONSULTANT shall provide the CITY with professional engineering services and such other related services as defined in specific Work Orders, in all phases of each project unless specified otherwise. The ENGINEER CONSULTANT shall serve as the CITY'S professional representative for the project(s) as. set forth in each Work Order, and shall give professional advice to the CITY during the performance of the services to be rendered and as to the fulfillment of projected requirements. The ENGINEER CONSULTANT is retained by the CITY to perform these consulting services under this non-exclusive continuing contract with the CITY. SECTION 1— SCOPE OF SERVICES The Scope of Services shall be identified in individual Work Orders prepared by the ENGINEER CONSULTANT and approved by the CITY. Each Work Order will be sequentially numbered and initiation of work thereunder shall be subject to a Notice -to -Proceed being issued by the CITY. Basic services required of the ENGINEER CONSULTANT for the project will be described in other appropriate sections of this Agreement and in Individual Work Orders. SECTION Il — CITY OBLIGATIONS The CITY agrees to provide the following material, data, or services as required in connection with the work to be performed under this Agreement; A. Provide the ENGINEER CONSULTANT with a copy of any pertinent preliminary data or reports available to the CITY. B. Provide the ENGINEER CONSULTANT with all available drawings, surveys, right-of-way maps, and other documents in the possession of the CITY that are pertinent to the project. Page 1 of 12 12 of 195 DocuSign Envelope ID, 14BFOOCI-2598-4123-86CB-DC2FAD32FCC1 C. The CITY shall be responsible for obtaining only those permits delineated in the individual Work Orders or those required to complete the project only If such permit requirements are made into law and established by regulatory agencies after the effective date of the Work Order. D. The CITY shall make all provisions for the ENGINEER CONSULTANT to enter upon public or private property as reasonably required for the ENGINEER CONSULTANT to perform Its services. E. The CITY will promptly execute all completed permit applications necessary to expedite the acquisition of any local, state or federal permits made necessary by the project. SECTION III — CITY'S ALLOTMENT OF PROJECT WORKLOAD TO THE SELECTED CONTINUING CONSULTING SERVICE FIRMS The CITY shall, in its sole discretion, distribute the project workload among the selected Continuing Consulting Service Firms as the CITY sees fit. The CITY'S decision may be based on project type, project continuity, available man-hours assigned to CITY projects by the selected Continuing Consulting Services Firms, and/or special expertise or knowledge possessed by one of the Continuing Consulting Services Firm that may be pertinent to the particular project, Inter af/a. ENGINEERING CONSULTANT shall have no right to appeal or challenge the CtTY'S decision(s) regarding distribution of work. SECTION IV — SERVICES A. The ENGINEER CONSULTANT agrees to perform all necessary professional engineering services, project design services, construction phase services including construction management and construction engineering/inspection (CEI), design -build services, bidding services, project closeout services and/or other services in connection with the assigned project(s) as required and as set forth in the following: 1. The ENGINEER CONSULTANT will endeavor not to duplicate any previous work done on any project. Before issuance of a Work Order and written authorization to proceed, the ENGINEER CONSULTANT shall consult with the CITY to clarify and define the CONSULTANTS requirements for the project(s) and review all available data. 2. The ENGINEER CONSULTANT shall attend conferences with the CITY and its representatives, upon request. 3. In order to accomplish the work described under this Agreement under the time frames and conditions set forth in the Agreement, the ENGINEER CONSULTANT shall observe the following requirements: a. The ENGINEER CONSULTANT shall complete its work on the project(s) within the time allowed by maintaining an adequate staff of registered engineers, certified operators, draft person(s), and other employees and/or sub consultants on the work at all times. Page 2 of 12 13 of 195 DocuSign Envelope ID: 148FOOCi-2598A123-B8CB-DC2FAD32FCC 1 b. The ENGINEER CONULTANT shall comply with all federal, state and local laws applicable to the project(s). The ENGINEER CONSULTANT'S work product shall conform with all applicable federal, state and local laws applicable to the project(s). C. The ENGINEER CONSULTANT shall prepare and complete all necessary sketches, permit application drawings, calculations, and applicable forms to accompany the CITY'S applications for any required federal, state, or local permits. The ENGINEER CONSULTANT shall reply to all permitting agency's requests for additional information relating to a permit application. d. The ENGINEER CONSULTANT shall cooperate fully with the CITY in order that all phases of the work may be properly scheduled and coordinated. e. The ENGINEER CONSULTANT shall provide the appropriate quantities of complete preliminary sets of construction plans to any city, county, state or federal regulatory agency from which a permit or other approval is required, prior to final approval of the design by the CITY MANAGER or his/her designate, and shall coordinate the project design with all agencies. f. The ENGINEER CONSULTANT shall contact all utility companies having installation in the vicinity of the proposed work to determine accurate locations and consider relocation of utilities, if necessary. The ENGINEER CONSULTANT shall provide the CITY with all known information relative to any required utility adjustments, relocations and installations, and shall show all known above and below ground utilities on the final design plans. g. The ENGINEER CONSULTANT shall report the status of the project(s) to the CITY MANAGER or his/her designee upon request and hold all drawings, calculations, and related work open to the inspection to the CiTY MANAGER or his/her authorized agent at any time, upon reasonable request. h. Unless otherwise specified, the ENGINEER CONSULTANT shall be considered the Engineer -of -Record for the project(s) in accordance with all legal and administrative requirements and criteria. 4. The ENGINEER CONSULTANT shall furnish additional copies of reports, drawings, specifications, bidding and construction contract documents, and other pertinent items as required by federal, state and local agencies from which approval of the project(s) must be obtained, prospective bidders, material supplier, and other Interested parties, but must charge only for the actual cost of providing such copies. The ENGINEER CONSULTANT shall furnish to the CITY the necessary number of sets of the drawings, bidding and construction contract documents, specifications, reports, and other pertinent items as set forth in individual Work Orders. The costs of these sets of documents are not included in the basic compensation paid to the ENGINEER CONSULTANT, but will be paid as a direct expense. All original documents, survey notes, field books, tracings, and the like, including all items furnished to the ENGINEER CONSULTANT by the CiTY pursuant to this Agreement, is and shall remain the property of the CITY, and shall be delivered to the CITY upon completion of the work or at any Page 3 of 12 14 of 195 DocuSign Envelope 1D: 14BFOOCI-2586.4123-B6CB-DC2FAD32FCC1 time upon request. All items prepared by the ENGINEER shall be created, maintained, updated, and provided in the format as specified by the City. 5. All construction drawings prepared by the ENGINEER CONSULTANT shall be of sufficient detail to permit the actual location of the proposed Improvements on the ground by a third party (i.e. the third party shall be able to accurately locate the proposed Improvements on the ground using only the information contained In the ENGINEER CONSULTANT'S drawings). 6. The ENGINEER CONSULTANT acknowledges that the preparation of all applicable permits for the CITY'S submittal to governmental regulatory agencies, and the ENGINEER CONSULTANT'S written responses to all regulatory agencies' questions, are included within the scope of basic compensation in each particular Work Order. Any additional work required by regulatory agencies which establish such regulations after the effective date of the particular Work Order, shall be an additional service, and the CITY shall compensate the ENGINEER CONSULTANT in accordance with Section VII — "Additional Work" of this Agreement, and in accordance with the fee schedule in an approved Work Order. Approval by the CITY shall be required prior to commencement of any additional work. 7. If the CITY proposes to construct the improvements in a phased manner, the ENGINEER CONSULTANT shall prepare detailed master plan drawings as required by the applicable Work Order. 8. Compensation to the ENGINEER CONSULTANT for basic services shall be in accordance with each Work Order, as mutually agreed upon by the ENGINEER CONSULTANT and the CITY. A schedule of approved hourly billing rates shall be attached, and will be included as part of each Work Order when approved. SECTION V — TIME FOR COMPLETION The time for completion of each project shall be defined in the Work Order. SECTION VI — COMPENSATION The CITY agrees to pay, and the ENGINEER CONSULTANT agrees to accept, for services rendered pursuant to this Agreement, fees in accordance with the following: A. Profession Service Fee: The basic compensation shall be mutually agreed upon by the ENGINEER CONSULTANT and the CITY prior to issuance of each Work Order and the amount shall be included In the Work Order to be formally approved by the CITY. B. Direct Pavment for Additional Services: The CITY agrees to pay on a direct basis for services or goods provided by others working in conjunction with the ENGINEER CONSULTANT, as follows: C. Enaineer Consultant Rates and Fees: ENGINEER CONSULTANT shall attach a summary of rates and fees for hourly work and associated services. Rates and fees shall remain in effect during the 3-year term of the Agreement. Page 4 of 12 15of195 DocuSign Envelope ID: 148FOOCI-25984123•B6CB•DC2FAD32FCC1 1. Primary/Lead Architect by name and position within the organization 2. Primary/Lead Engineer by name and position within the organization 3. Secondary Engineer by name and position within the organization 4. Junior Engineer by name and position within the organization 5. Draft persons 6. Other relevant personnel by name and function within the organization a. Printina and Reproduction: The CITY shall make direct payment to the ENGINEER CONSULTANT for the cost of printing project plan sheets required for utility coordination. The maximum cost allowed per blueprint, Mylar, sepia, and/or other media utilized for this purpose shall be set forth in the Work Order. b. Travel Expenses: The CITY does not foresee nor intend paying ENGINEER CONSULTANT any travel expenses under this Agreement. Any such payment shall not be made except as specifically authorized for extraordinary circumstances by prior approval of the CITY and, In any such case, bills for any travel expenses shall be submitted in accordance with CITY travel policy as adopted by Resolution. SECTION VII — ADDITIONAL WORK Additional work occurs when the CITY requests changes after it has formally approved a Work Order. Additional work shall not commence until a further Work Order for the additional work has been formally issued by the CITY, and the additional work shall be performed in accordance with the fee schedule set forth in that Work Order. SECTION VIII — PAYMENTS The CITY shall make monthly partial payments to the ENGINEER CONSULTANT as provided for in the Work Order. Unless otherwise stated in the Work Order, the ENGINEER CONSULTANT shall submit duly certified monthly invoices to the CITY MANAGER or his/her designee or such City Staff or City Representative as designate by the CITY MANAGER. The Agreement shall be divided Into units of deliverables, which shall Include, but not be limited to, reports, findings, drawings, drafts, and/or designated milestones that must be received and accepted by the CITY MANAGER or his/her designee prior to payment. SECTION IX — RIGHT OF DECISIONS All services shall be performed by the ENGINEER CONSULTANT to the satisfaction of the CITY MANAGER or his/her designee who shall decide all questions, difficulties, and disputes of whatever nature which may arise under or by reason of this Agreement, according to the prosecution and fulfillment of the service hereunder, and the character, quality, amount and Page 5 of 12 16 of 195 DocuSign Envelope ID: 148FOOC1-2598-4123-86C8-DC2FAD32FCC1 value thereof. The CITY MANAGER or his/her designee's decisions upon all claims, questions, and disputes shall be final, conclusive, and binding. Adjustments of compensation and contract time because of any major changes in the work that might become necessary or be deemed desirable as the work progresses shall be reviewed by the CITY MANAGER or his/her designee, and require that a Change Order (a further Work Order) be processed in accordance with the CITY'S legal and administrative procedures. If the ENGINEER CONSULTANT does not concur in the judgment of the CITY MANAGER or his/her designee as to any decisions made by him/her, it shall present written objections to the CITY MANAGER, who shall make a decision, and the ENGINEER CONSULTANT shall abide by the CITY MANAGER'S decision, SECTION X — OWNERSHIP AND REUSE OF DOCUMENTS A. Ownership and Coovdaht: Ownership and copyright of all reports, tracings, plans, specifications, field books, survey information, maps, contract documents, and other data developed by the ENGINEER CONSULTANT pursuant to this Agreement, shall be vested in the CITY. Said materials shall be made available by the ENGINEER CONSULTANT at any time upon request of the CITY. On or before the tenth day after all work contemplated under a Work Order is completed, all of the above materials shall be delivered to the CITY MANAGER or his/her designee. B. Reuse of Documents: All documents, including but not limited to reports, drawing and specifications, prepared by the ENGINEER CONSULTANT pursuant to this Agreement, are related exclusively to the services described herein. They are not intended or represented to be suitable for reuse by the CITY or others on extensions of this projector on any other project. The CITY'S reuse of any document or drawing shall be at the CITY'S own risk. SECTION XI — NOTICES Any notices, report or other written communications from the ENGINEER CONSULANT to the CITY shall be considered delivered when posted by Certified Mail or delivered in person to the CITY MANAGER or his/her designee. Any notices, reports or other communications from the CITY to the ENGINEER CONSULTANT shall be considered delivered when posted by Certified Mail to the ENGINEER CONSULTANT at the last address left on file with the CITY or delivered in person to said ENGINEER CONSULTANT or its authorized representative. Any notices In either direction made by email transmittal shall be considered delivered as of the time of transmittal upon confirmation of the receipt of such email transmittal. All notices required under this Agreement shall be sent by Certified Mail as follows: ENGINEER CONSULTANT Hanson Professional Services, Inc. 6230 University Parkway, Suite 202 Sarasota, FL 34240 CITY OF SEBASTIAN Page 6 of 12 Attn: City Manager 1225 Main Street Sebastian, FL 32958 17 of 195 DocuSign Envelope ID: 148FOOC1-25984123-86C8-DC2FAD32FCC1 SECTION XII —TERMINATION Either party may terminate this agreement upon seven (7) days' written notice to the other party, except that in the event ENGINEER CONSULTANT terminates this agreement such termination shall not be effective, absent the CITY'S consent, until ENGINEER CONSULTANT'S completion to the CITY'S satisfaction of any pending Work Order. SECTION XIII — AUDIT RIGHTS The CITY reserves the right to audit the records of the ENGINEER CONSULTANT related to this Agreement at any time during the prosecution of the work included herein and for a period of three (3) vears after the final payment is made. SECTION XIV — SUBLETTING/OURSOURCING/TRANSFER The ENGINEER CONSULTANT shall not sublet, assign, outsource or transfer any work under this Agreement without the written consent of the CITY. When applicable and upon receipt of such consent in writing, the ENGINEER CONSULTANT shall cause the names of the engineering and/or surveying firms responsible for the major portions of each specialty of the work to be inserted on the reports or other data. Any such assignmentloutsourcing shall not release the ENGINEER CONSULTANT from its role, duties, responsibilities, and obligations as Engineer -of -Record for the project work performed. SECTION XV- WARRANTY The ENGINEER CONSULTANT warrants that it has not employed or retained any company or person other than a bona fide employee working solely for the ENGINEER CONSULTANT, to solicit or secure this Agreement, and that it has not paid or agreed to pay any company or person other than a bona fide employee working solely for the ENGINEER CONSULTANT any fee, commission, percentage fee, gift(s) or any other consideration(s), contingent upon or resulting from the award o making of this Agreement. For the ENGINEER CONSULTAN'S breach/violation of this warranty, the CITY shall have the right to annul this Agreement without liability. SECTION XVI — DURATION OF AGREEMENT This Agreement shall remain in full force and effect for a period or three (3) vears after the date of execution thereof, or until completion of all project phases as defined by the CITY MANAGER or his/her designee, whichever occurs first, or unless otherwise terminated by mutual consent of the parties hereto, or terminated pursuant to Section XII - Termination. This Agreement may be extended for a period of two (2) additional vears at the sole discretion of the CITY. Page 7 of 12 18 of 195 pocuSEgn Envelope ID 14BFODCI-26984123.B6CB•DC2FAD32FCC1 SECTION XVII — INSURANCE At least ten days prior to the commencement of the first work authorization, ENGINEER CONSULTANT shall provide CITY with a certificate of insurance from a company rated A+ VII or better, per the Best's Key Rating Guide for the following: A. Worker's Comoensation: Coverage to apply to all employees for Statutory Limits in compliance with the applicable state and federal laws. In addition, the policy must include Employer's Liability with a limit of $3,000.000 each accident and disease. B. Commercial General Liability,: Coverage must be afforded on a form no more restrictive than the latest edition of the Commercial General Liability Policy, on an occurrence basis, filed by the Insurance Services Office and must include: 1. Minimum limits of $3,000,000 per occurrence combined single limit for Bodily Injury 2. Liability and Property Damage Liability 3. Premises and Operations 4. Independent Contractors, and 5. Products and Completed Operations Consultant shall maintain in force until at least five f5I vears after completion of all services under the Contract, coverage for products and completed operation. Broad Form Contractual Coverage applicable to this speck Contract, including any hold harmless and/or Indemnification Agreement C. Business Auto Policv: Coverage must be afforded on a form no more restrictive than the latest edition of the Business Auto Policy filed by the Insurance Services Office and must include: Minimum limits of $3,000,000 per occurrence combined single limit Bodily Injury Liability and Property Damage Liability. Owner Vehicles, Hired and Non -Owned Vehicles. D. Professional Liabilitv: The Consultant shall maintain a professional liability insurance policy in the amount of $3,000,000 during the term of this Contract. Such coverage shall be maintained for a period of five (5) years following completion and acceptance of any wok performed under this agreement. In the event the Consultant fails to secure and maintain such coverage, Consultant shall be deemed the insurer of professional liability insurance and shall be responsible for all damages suffered by the CITY as a result thereof, including attorney's fees and costs. In the event an atypical large-scale project is proposed, the individual work order for the project may designate that a higher liability policy be obtained. Page 8 of 12 19 of 195 DocuSign Envelope ID: 148FOOC1-25984123.86CS-DC2FAD32FCC1 E. Additional Insured: The CITY is to be specifically included as an additional insured. Consultant's insurance including that applicable to the CITY as an Additional Insured shall apply on a primary basis and any other insurance maintained by the City shall be in excess of and shall not contribute with the Consultant's insurance. Consultant's insurance shall contain a severability of interest provision, providing that, except with respect to the total limits of liability, the insurance shall apply to each Insured and Additional Insured in the same manner as if separate policies had been issued to each. F. Notice of Cancellation and/or Restriction: Each policy must be endorsed to provide the CITY with a minimum of forty-five (45) day notice of cancellation and/or restriction. G. Certificates of Insurance: Certificates of insurance evidencing the Insurance coverage specked in this section shall be filed with the CITY before operations are begun. The required certificates of insurance shall name the types of policies provided. If the Initial insurance expires prior to the completion of work, renewal certificates of insurance and required copies of policies shall be furnished thirty (3M days prior to the date of their expiration. SECTION XVIII — INDEMNIFICATION The ENGINEER CONSULTANT shall indemnify, defend and hold harmless the CITY, its employees. Council members, agents, attorneys, and officers, each from and against all loss, damage, claims, and actions, and all expenses, Including, but not limited to, attorney's fees and costs, incidental o such claims or actions, including but not limited to liability as a result of injury to or death of any person, based upon or arising out of damage to property or injuries to persons or other tortious acts caused or contributed to by the ENGINEER CONSULTANT or anyone acting under Its direction or control or in its behalf in the course of its performance under the agreement to be entered hereunder, and directly or Indirectly caused, in whole or In part, by acts or omissions, negligence or otherwise, of ENGINEER CONSULTANT or an agent of the ENGINEER CONSULTANT or an employee of anyone of them, regardless of the negligence of the CITY or its employees, be It active or passive, except where such loss, cost, damage, claim, expense, or liability arises from the sole gross negligence or willful misconduct of the CITY. Upon request of the CITY, ENGINEER CONSULTANT shall, at no cost or expense to the CITY, defend any suit asserting a claim for any loss, damage or liability specified above, and ENGINEER CONSULTANT shall pay any cost and attorneys' fees that may be Incurred by the CITY in connection with any such claim or suit or in enforcing the indemnity granted above. Nothing In this agreement shall be construed as the CITY waiving its sovereign immunity pursuant to 768.28, et seq., Florida Statutes, or any other sovereign or governmental immunity. SECTION XIX — SAFETY The ENGINEER CONSULTANT is responsible for safety training for the ENGINEER CONSULTANT'S employees and their activities on the CITY'S property and construction sites. However, in accordance with generally accepted practices, he ENGINEER CONSULTANT may report any observed job site safety violations to the CITY. Page 9 of 12 20 of 195 DocuSign Envelope ID: 148FOOC1-2598-4123-86CB•DC2FAD32FCC1 SECTION XX — CHOICE OF LAW AND VENUE This Agreement shall be governed and construed in accordance with Florida Law. In the event that litigation arises involving the parties to this Agreement, venue for such litigation shall be in Indian River County, Florida. The parties hereto shall, and they hereby do, waive trial by jury in any action, proceeding or counterclaim brought by either of the parties hereto against the other on any matters whatsoever arising out of or in any way related to this Agreement. SECTION XXI — ENTIRETY OF AGREEMENT This writing embodies the provisions of this agreement, provisions of the Request for Qualifications, provisions of Consultant's Proposal Submission, provisions contained in any governmental regulation are incorporated by reference and understanding between the parties hereto, and there are no other Agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. No alteration, change, or modification of the terms of this Agreement shall be valid unless made in writing and signed by both parties hereto. SECTION XXII — SEVERABILITY In the event any provision, section, or paragraph of this Agreement is determined by a court of competent jurisdiction to be void, illegal, or unenforceable, the remaining portions no found to be void, illegal, or unenforceable, shall remain in full force and effect. Page 10 of 12 21 of 195 DocuSign Envelope ID; 148FODC1-25984123-B6CB-DC2FAD32FCC1 IN WITNESS WHEREOF the parties hereto have executed these presents this , 2021. ATTEST (SEAL): THE CITY OF SEBASTIAN E. Carlisle, City Manager MARGARITA M. HERNANDEZ 'i Notary Public -State of Florida '• Commission 4 HH 69575 My Commission Expires February 08, 2025 Approved as to form and legality for Reliance by the City of Seb ian on Manny Hinny , Jr., Esq. City Attorney FOR: Hanson Professional Services, Inc. o•c•i�ra Pr g I �loSwoTD4 vice President Title: 12/3/2021 1 9:37:44 AM EST Attest and Notary Seal Page 11 of 12 day of 22 of 195 DocuSign Envelope ID: 14BFDDC7-2598-4123-S6CS-DC2FAD32FCC1 PUBIC RECORDS FORM Contract Name: NON-EXCLUSIVE AGREEMENT For CONTINING PROFESSIONAL ENGINEERING CONSULTING SERVICES Project Description: Sebastian Municipal Airport Consulting Services In accordance with the requirements of Chapter 119 Florida statutes, as amended, the contract between the City of Sebastian and the Contractor shall require the Contractor to: a) Comply with the public records law of the State of Florida, as the same may be amended from time to time. b) Keep and maintain public records that ordinarily and necessarily would be required by the CITY in order to perform services, and c) Provide the public with access to public records on the same terms and conditions that the CITY would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law, and d) Meet all requirements of retaining public records and transfer, at no cost, to the CITY all public records in possession of the contractor upon termination of the contract and destroy any duplicate records that are exempt of confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the CITY in a format that is compatible with the information technology systems of the CITY. Do 56;ew W Authorized Signatur : Sw r4 Date: Blake Swafford .... -"... vice President Print: Title Company/Firm: HANSON PROFESSIONAL SERVICES, INC., Page 12 of 12 12/3/2021 ( 9:37:44 AM EST 23 of 195 illYq HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meetina Date; May 10, 2023 A2einda Item Title: Shenandoah slip lining along Joy Haven Drive and Admiral Circle Recommendation: Staff recommends Council approve the proposals provided by Shenandoah to complete investigation and slip lining repairs of failed culvert piping at 189 Joy Haven Drive and 138 Admiral Circle for $49,060.61 Baekuround: Slip lining is a common practice to repair Stormwater drainage pipes in high impact areas. Using slip lu)ing to repair drainage structures in place, instead of removal, prevents damage, to City property and drastically shortens road closures. Per previous Council approval on March 8, 2023 we have been piggybacking Broward College's Storm Drain Cleaning, Repairs & Maintenance contract and its extensions. We are requesting council approval to move forward with the camera investigation and slip lining repair of 128 linear feet of culvert pipe at 189 Joy Haven Drive and 219 linear feet of culvert pipe at 128 Admiral Circle. If Agenda Item Reouires Expenditure of Funds: Budgeted Amount: $150,000 Total Cost: $49,060.61 Funds to Be Utilized for Appropriation: Stormwater Utility Fund Attachments: 1. Shenandoah Proposal#P29556 -- 138 Admiral Circle 2. Shenandoah Proposal NP29558 -- 189 Joy Haven Drive Administrative Services DepWtue Review: p City Attorney Review; Procurement Division Review, if applicable: .✓ City Manager Authorization: Date; s/5"/ .s 24 of 195 Pago 1 of i 1888 NW 22nd Street Pipe ekedon 0 Raderadon Spaetatitt pompano Beach, FL. 33069 (772)202-3260 shenandoahus.com DATE: April I9, 2023 PROPOSAL #P29556 SUBMITTED TO: Sebastian Public Works. City of STREET. 1225 Main Strect CITY, STATE & ZIP: Sebastian, Fl 32958 PHONE: (772) 228-7056 FAX: (772) 228-7077 EMAIL: ppatnodc@cityofsebastian.org JOB NAME: 138 Admiral Circle 18" ATTENTION: Phil Patnode We propose to famish a crew and all necessary equipment to clean, televise, and install 18" CIPP at the above mentioned job location. This work will be performed at our following hourly and/or unit prices: Mobilization (at $300.00 Each) 1 Each $300.00 Medium Cleaning and Sediment Removal IS" (at $1.25 Per L.F.) 219 L.F. $273.75 Storm Drain Video Observation 0-48" (at $6.00 Per L.F.) 219 L.F. $1.314.00 Install 18" CIPP (at $97.30 Per L.F.) 219 L.F. $21.308.70 Estimated Total: Sn,1%.45 The pricing on this proposal is based off of a PIggyback of Shenandoah Construction's Broward College Storm Drain Cleaning, Repairs, and Maintenance RFP-2018-167-EH. NOTE: Due to the fragile condition of the existing pipe(s), the possibility of the pipe collapsing exists daring the construction phase. If this unlikely event occurs, we will provide you with an additional estimate for a necessary point repair to complete the lining process. Due to the poor condition of the original host pipe, residual settling may appear at the surface grade, post lining. This condition is not covered under warrantee. This proposal may be withdrawn if not accepted within 30 days. Payment torms net 30 days. (If we encounter an Insurance compliance fee requirement, this fee will be invoiced in addition to the above rates.) All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. Price above is only an estimate of foreseen conditions. Unforeseen conditions can affect the amount of time to complete the work, therefore increasing or decreasing estimate. All agreements are contingent upon strikes, accidents or delays beyond our control. Unless noted above engineering, permits, testing and bonds are not included in the pricing. Owner is to carry fire, tomado and other necessary insurance. Our workers are fully covered by Workman's Compensation Insurance. Parties to this proposal/contract expressly waive all tort claims against each other and limit their remedies to breach of contract. SIGNATURE: , SHENANDOAH GENERAL CONSTRUCTION CO. Louis Weska TITLE DATE Estimator 04/19/2023 ACCEPTANCE OF PROPOSAL / SIGN & RETURN The above prices, specification and conditions are satisfactory and are hereby accepted You are authorized to do the work as specified. SIGNATURE: COMPANY NAME: REPRESENTATIVE: DATE: TITLE: Ws document is fhe property of Shenandoah General Corist» :crier. it is intvndod only Rv ttty use of the individual or enfity fo which rt is dddrcssed end may wriforn mromtaffen that is nan-pubttc, proprierh.rry. paygoged. confidential and exempt from diCdost,iv under appifeablo taw or may consiflute as "trcvngv rrark pratrucl it you art? rirrf Me intended racifnant, yeti are hereby notlMod that any use. dlssominahan, distribuxon or ,'epyrn9 of fhis communication n1 this docirmonr Is strhxly pmnllutrd. H pxt lr v recormal thts document hi tf . wfffy tis irmnediately by teloph000 (954) d: 5-058 nr Eala. hrlpa!shonaridnahus txm and destroy fhis docurnont tnuttedlnfery, it hhts A an ofortrerrc commmc30on than datoto immethately. 25 of 195 Page i of 1 . 1888 MW 22nd Street Pipe trupeetton & Rostoeation Spadatl�t Pampana 6aaeh, FL. 33e69 (772) 202.3260 shenandoahus.corn DATE: April 19, 2023 PROPOSAL ##P29558 SUBMITTED TO: Sebastian Public Works, City of STREET: 1225 Main Street CITY, STATE & ZIP: Sebastian, F132958 PHONE: (772) 228-7056 FAX: (772) 228-7077 EMAIL: ppatnodee@ciiyofsebastiamorg JOB NAME: 189 Joyhaven Dr, 36" ATTENTION: Phil Patnode We propose to furnish a crew and all necessary equipment to clean, televise, and install 36" CIPP at the above mentioned job location. This work will be performed at our following hourly and/or unit prices: Mobilization (at $300.00 Each) l Each $300.00 Medium Cleaning and Sediment Removal 36" (at $2S0 Per L.F.) 128 L.F. $320.00 Storm Drain Video Observation 0.48" (at $6.00 Per L.F.) 128 L.F. $768.00 Install 36" CIPP (at $191.22 Per L.F.) 128 L.F. $24,476.16 Esthztated Total: S25,864.16 the pricing on this proposal is based off of a Piggyback of Shenandoah Construction's Broward College Storm Drain Cleaning, Repaint, and Maintenance RFP-20 I & I 67-EH. NOTE: Due to the fragile condition of the existing pipe(s), the possibility of the pipe collapsing exists during the construction phase. If this unlikely event occurs, we will provide you with an additional estimate for a necessary point repair to complete the lining process. Due to the poor condition of the original host pipe, residual settling may appear at the surface grade, post lining. This condition is not covered under warrantee. This proposal may be withdrawn if not accepted within 30 days. Payment terms net 30 days. (Ifwe encounter an Insurance compliance fee requirement, this fee will be invoiced in addition to the above rates.) All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. Price above is only an estimate of foreseen conditions. Unforeseen conditions can affect the amount of time to complete the work, therefore increasing or decreasing estimate. All agreements are contingent upon strikes, accidents or delays beyond our control. Unless noted above engineering, permits, testing and bonds are not included in the pricing. Owner is to carry fire, tornado and other necessary insurance. Our workers are fully covered by Workman's Compensation Insurance. Parties to this proposallcontract expressly waive all tort claims against each other and limit their remedies to breach of contract. SIGNATURE: SHENANDOAH GENERAL CONSTRUCTION CO. Louis Woska TITLE DATE Estimator 04/19/2023 ACCEPTANCE OF PROPOSAL / SIGN & RETURN The above prices, specification and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. SIGNATURE: COMPANY NAME: DATE: REPRESENTATIVE: TITLE: This document is the prcpany of Shenandoah General Construction. R is Intended onlc ter the use of the endlvtdual or entity to winch it Is addressed and may contain information that is nen-PaWic. proprietary, pm4agod. conludenbal and exempt (ruin disclescxr under appYcablo macs or may constitute as alrc rney ruh product u ym air not the mtoutdod roclproot, you are teoreby notified that airy uso. disseminalrun, disbtbubon or copying of thus rommnnrcattan of dus document Is sidclly pmh Mdcd. tf y+ou!hive received flits document An mror. notify us 1mnWdi3le1y by telophono (954) 0 75.0098 ru Einnd. and destroy bris doceancnt tmmodiatoly, rf fho rs on elortrodc communication then dclote mimedt.7ro/_r. 26 of 195 11YOF 5� HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meetinq Date: May 10, 2023 Aqenda Item Title: Craft Club of Sebastian Recommendation: Approve the 2023-2024 dates for the Craft Club of Sebastian Events at Riverview Park. Backqround: Requested dates are from 10:00am until 3:00pm. The Craft Club of Sebastian agrees to be respectful of any planned Veterans Memorial events that are scheduled for the same day. Rain dates are reserved for Sundays after single day events scheduled on a Saturday October 14, 2023 November 11 & 12, 2023 December 9, 2023 January 13, 2024 February 10, 2024 March 9 & 10, 2024 April 13, 2024 May 11, 2024 If Agenda item Requires Exaenditure of Funds: N/A Budgeted Amount: Total Cost: Funds to Be Utilized for Appropriation: Attachments: 1. Letter of Request from the Craft Club of Sebastian 2. Park Use Permit Application 3. List of Dates Requested 4. Consumer's Certificate of Tax Exemption Administrative Services Department Review: N/A City Attorney Review: N/A Procurement Division Review, if applicable: NIA City Manager Authorization Date:/,���- 7 27 of 195 CRAFT CLUB OF SEBASTIAN, INC Email: ccs.marie.ferraro@pmail.com Phone 315.278.6437 C/O Marie Ferraro 6279 N Mirror Lake Dr Sebastian, FL 32958 April 20, 2023 TO: City of Sebastian FROM: Craft Club of Sebastian, Inc. c/o Marie Ferraro 6279 N Mirror Lake Drive Sebastian, FL 32958 315.278.6427 This letter is to request the use of Riverview Park for the Craft Club of Sebastian 2023-2024 season. Our mission/purpose: To promote the art of hand-crafted items. Our club supports local artisans. The handmade items are sold by the crafters. As a not -for -profit organization our annual proceeds are donated to local charities. We appreciate the continued support of the City of Sebastian to permit the club to utilize this treasured space. We hope that the request will be heard and approved by the City Council. Respectfully submitted Marie E Ferraro President 28 of 195 .in <x HOME OF PELICAN ISLAND CITY OF SEBASTIAN PARK USE PERMIT APPLICATION 1225 Main Street, Sebastian, FL 32958 Parks Phone: (772) 228-7054 Fax: (772) 388-8249 'For emergency purposes ONLY, please dial 772.473.0454` NO PERSON SHALL DRIVE OR PARK ANY UNAUTHORIZED VEHICLE ON ANY AREA WITHIN ANY PARK OR RECREATIONAL AREA EXCEPT DESIGNATED PARK ROADS OR PARKING AREAS. ORD. 74-4.01kIVING OR PARKING ANY UNAUTHORIZED VEHICLE IN THE PARK AREA WILL RESULT IN FORFEITURE OF THE SECURITY DEPOSIT - Please check appropriate box(es): Park Event (75 to 300 anticipated anenoees) Special Event 1301 or more anticipated attendees) S100 Security Deposit - $100 rent plus 6-5% tax - S106-50 S200 5ecerity Deposit 5200 rent plus 6.59E tax - $213.00 will event require road closures 'Must provide detailed site plan with application "If requesting road closures, include read closure plan. `Special Events and Alcohol Beverage Request require City Council Approval. Date: r l ` e 17 3 I elame L 12 r 1,h CA&L.3 i'eLY). of Perm ttee (permits may only be issued to an adult) Name of Organization (if applicable) P4sis+ical Address / Mailing Address if Different `Cr4_ 7 City I State zip Phone E-Mail Requested Date(s) Rain Date (it applicable ru pen lime t=rom o Anticipated Number of Attendees rre, Inn, Reason for Kental Type of Function Will linere by any sale of goods? Yes ✓ No (If yes. please describe type of goods on back} (tt 5 - t'1'1C.tiyrG�F� t/};iF�C f!i tn�ii�.r r.vr�►- Will the d or other vendors? re b uv Yes No (If yes, please list name, aaaress of each on back with description and schematic of structures (tents, etc.) to be erected or otherwise assembled an back. (May require Health Dept. or Fire Dept. permit) 1.M(LI it t Y e' C F t^ .� the undersigned, acknowledge that l an: u)r applicant or authonzea agent of the above referenceo organi7a.ion, t am aware of the provisions of the City of Sebastian Codes in respect to this application and use of City facilities for which I have applied for a permit for a Park Event or Special Event. I have been provided with the general rules prescribed by the City and agree to the terms thereof. �M}moo.a-— mac. ' ri_-1 Signature of Applint Park Use Permit Application Rev t.2021 29 of 195 brkLIHL CVCIN 1 rcnivil 1 MrrLlWii IUIV i i APPLICATION DATE: r S C . L SPECIAL EVENT FEE: $60.00 FIREWORKS DISPLAY: $100 PERMIT TECH. PERMIT N0. NAME OF EVENT: r fL a �r4 {nQ u.� i I C ORGANIZATION HOLDING EVENT:o c�� n S l 4ir✓ ADDRESS LOCATION FOR EVENT: T %Vf r t/ , ieA-A7 M. 4 �•i ��- -�' ,Znd -j44- f rorn U c f►• io DATE(S) OF EVENT: p1.. . ;4 1 �� a } TIME(S) OF EVENT: from: 10 Ac ra to: 22k,� nn T 31s CONTACT PERSON(S): Ma.r•� �e�r icy r� PHONE(S): 7 -7 b +3 CONTACT E-MAIL ADDRESSZCS. MGr► t r . e rro..ry vovn DATE WHEN READY FOR INSPECTION: QjQr_r `1, 3&rd\ TIME: 10 : u o 0--v- 9 SPECIAL EVENT APPLICATION SHALL BE ACCOMPANIED BY A NEATLY DRAWN LEGIBLE SKECTCH SHOWING SITE LOCATION, SIZES OF ANY TENTS, VENDORS, COOKING AREAS, GENERATORS, FOOD TRUCKS OR TRAILERS, STRUCTURES OR STAGES. RESPONSIBLE PARTY SHALL CAREFULLY READ AND INTITIAL EACH BOX OF THE ATTACHED VENDORS SAFETY CHECKLIST AND SIGN AT THE BOTTOM. NOTE: ADDITIONAL FEES MAY APPLY IF EVENT REQUIRES AN EXCLUSIVE OR NON-EXCLUSIVE FIRE UNIT FROM INDIAN RIVER COUNTY FIRE BUREAU. APPLICATIONS AVAILABLE AT INDIAN RIVER COUNTY FIRE BUREAU WESSITE SPECIAL EVENT COOKING QUESTIONA�RE 1. Location of cooking shown on attached sketch? YES ✓ NO N/A L �/ is any cooking taking place under a tent? Explain: r r O (No deep Wna permitted under a tent) 3. Number, type and size of cookers? All* a2 f2 a& -I-,.. - 1L � 4. Type(s) of heating source? (LP, Electric, Charcoal, etc.) -&-- S. Any cooking trucks, trailers or structures? Please List: I flu c L4 i c f C rpd..r. u.+ et m e w aSl.lr✓ Only items that In accordance with applicable Florida Statutes and City Ordinances will be permitted to be sold in the City of Sebastian. FIREWORKS ARE PROHIBITED FOR RETAIL SALE IN THE CITY OF SEBASTIAN. SPARKLERS AS DEFINED IN 791 FS WILL BE PERMITTED FOR SALE ONLY WITH SPECIAL EVENT PERMIT ISSUED BY THE CITY OF SEBASTIAN FIRE PREVENTION OFFICE. Any vendor found In non-compliance with the Florida Fire Prevention Code and any associated NFPA may not be able to open and/or operate until the vendor corrects the code violation(s). 1 HAVE READ AND UNDERSTAND THE FORGOING SPECIAL EVENT REQUIREMENTS AND VENDORS SAFETY CHECKLIST APPLICANT'S SIGNATUR� PRINTED NAME: R 2 G 65 iL }lrlLw l 30 of 195 Cl-M t)l- sIrm" r ICAN r81.Aw F A I NIEN-1-S -Ni � L)DO)� K,QU)Ij';, -." ;., -�. j ::i I,,_ 401 UIL. IM%ving ft�, tfll . I pv z-Ij Eh TAWRUINAU'k kENIT S., - .49 COOKING TENTS. vr; LAffAQY%LAMLIAhLr.T-�-, FIRE EXTINUUl5HF;;;, r4t: ail V, kU, ABC clititllury ..orldiee and Saggea 0, ;,,al .I 1,1"pq IL hl ljt qt!a cljs.� K PpLtlnq;.: n .1 5FATiN(j- Zjj.tit n a ri t f" rjy W Fite Preve.;lL.,i, %',L W, 1 1�,: -;'I V-1G, &,W.W'd1- . Jiro ucruliaill Ihw 4; lft;i i:j LARGE I'LNI,5; BID USW kSkj%5j 115 a; rit9m. VAll >0UI%b A,;ji have attudied ViergWlc- 11-1hIl1". :11'3 AC anti DO ;gwerrv: �qOPEN FLAMES. ,I'. Zr L 'Val firnm 'lie 'Ill! F'gb 'U-41r, W; STORAGE "ar4ling Of flarlffW0l(;'iq;:'05 QL,�ya%L:'s"` ;i,.e unless soaclfi—lt1 apmoec. an' Wy Ulu ele pfevtnor zlq-L: �LQMDECOR: SnayingS te :11 level grout r�'t, j4 S. Spijil jr;)m --,vnl3u0Dlu arilmals spare we! shill to.- S! �:v, it a safe 3-51ance *,TGM Me 21 t;aj?w4t q,,nem ptk in 2 sale manner. U M&!I;a ls 'Ifl'I :eVjres Smil Ue in ap,1MV40 endoqul e, jr, t0n6tjWlW are rpqUlre(j 10 nayO. a LUTIA.Mi- am NFPA 4t ioi!, ferilJOI(s) lQuila not coliliplying With any of tho ,:nLcjjjj$j itil4lis may not be allowed to open antijor operate .Intli corn phance IS mbdO. jt)0iu VIVILK4 fv4,W,": fttj �g* of Swim Evaut 31 of 195 CRAFT CLUB OF SEBASTIAN, INC Email: SebastianCraftClub1985@gmail.com CRAFT CLUB DATES SHOWS DATE FOR 2023-2024 CRAFT SEASON Please review the dates for the 2023-2024 Craft Club Season Once approved, please send me notification of acceptance Thank you for your cooperation in the matter. 2" Saturday of the month from October 2023 to May 2024 Riverview Park, Sebastian, Florida 10am- 3 pm 2023 October 14, 2023 November 11 & 12, 2023 December 9, 2023 2024 January 13, 2024 February 10, 2024 March 9 & 10 2024 April 13, 2024 May 11, 2024 33 of 195 Consumer's Certfficate of Exemption Issued Pursuant to Chapter 212, Florida Statutes HWfut 85-801805228SC-3 05/0V2020 05/31/2025 CcrUficato HuMW Effective Date Expiration Date This certifies that CRAFT CLUB OF 5E13ASTlAN. INC 6279 N MIRROR LAKE OR SEBASTIAN FL 32958-8438 DI3-14 If R. 01/18 501(C)(3) ORGANIZATION Exasnpilon Category is exempt tram the payment of Florida sales and use tax cn real property rented, transient rental property rented, tangible personal property purchased or rented, or services purchased. j DR-14 (I Important Information for Exbmpt Organizations R. (11/18 I�O1il�i 1. You must provide all vendors and suppliers with an exemption certificate before mating tax-exempt purrha&es. See Rule 12A-1.098, Florida Administrative Code (FAC.). 2. Your Consumer's Ceniflcate of Examptlon is to be used solely by your organization for your organlzatlon�i customary nonprofit activities. 3. Purchases made by an Individual on behalf of the organization are taxable, even If the individual will to reimbursed by the organization. 4. This exemption applies only to purchases your organization makes. The sale or tease to others of tanglblp personal property, sleeping aocommodatlons, or other real property is taxable. Your organization trust register, and collect and remit sala5 and use lax on such taxablt3 transactions. Note., Churches are exempt from this mquiremont oKcopt when they are the lessor of real property (Rule 12A-1.070, F.A.C.)• 5. It Is a criminal offense to fraudulently present this certificate to evade the payment of sales W. Under no circumstances should this certificate be used for the personal benefit of any individual. Violators will be liabla for payment of the sales tax plus a penalty of 200% of the tax, and may be subject to conviction of a thlyd-degroo felony. Any violation will require the revocation of this certificato. 6. If you have questions about your exemption certificate, please call Taxpayer Services at 850-488-6800. The mailing address Is PO Box 6480, Tallahassee, FL 32314-6480. 34 of 195 ,m Cf SEBASTLAV HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: May 10, 2023 Azenda Item Title: Alcohol Beverage Approval Recommendation: Approve alcoholic beverages for the Hammer Family Baby Shower at the Yacht Club. Background: Kelly Hammer is seeking Council approval to serve alcoholic beverages at the Yacht Club on Saturday, June 3rd, 2023 from 5:00pm to 11:00pm. Staff has verified applicant's date of birth. They are expecting 50 people. If Agenda Item Requires Expenditure of Funds: Budgeted Amount: Total Cost: Funds to Be Utilized for Appropriation: Attachments: 1. Rental Permit Application 2_ Payment Receipt Administrative Services Department Review: NIA City Attorney Review: NIA Procurement Division Review, if applicable: NIA City Manager Authorization: ,: 1 ,Z Date: ( /r� 35 of 195 ONLIF SEBASTtA - r HOME OF PELICAN ISLAND CITY OF SEBASTIAN FACILITY RENTAL PERMIT APPLICATION 1225 Main Street Sebastian, FL 32958 Parks Phone: (772) 228-7054 FAX: (772) 388-8249 For emergency purposes ONLY, please dial 772.473.0454 Date: 4-2-5- ❑ Community Center , Yacht Club Name of Permitte6 (permits may only be issued to an adult) Name of Organization (if applicable) q I z C-Vvdse 0- � Physical Address S6��� M\ )FL City State 3�'K� S cvP_r Reason for Rental —Type of Function Mailing Address (if different) 3Z,P 56 'B-5i+�7J rn136u Zip Phone E:-Mail / (Z Anticipated Number of Attendees (if more than 75 attendees, police services are required by R-10-15) LP � -�' ti zo 7- Requested Date ; Time: From To Please answer the following yes or no: 1) Are you a resident of Sebastian? \j (_5 2) Will there be an admission charge or door charge? I t m 3) Will alcoholic beverages be served? �PS If yes, please provide govt. issued ID proof of age "� I Date of Birth Verified by I, - ,�� 1 t 4m-nry e_r , the undersigned, acknowledge that I am the applicant or authorized agent of the above referenced d�rganization, that I am aware of the provisions of the City of Sebastian Codes and Resolutions in respect to this application and use of City facilities for which I have applied and agree to abide by all rules and regulations set out for use of City facilities. I understand that the $250.00 security deposit will be refunded if the building is left clean and undamaged, however, failure to clean the facilities immediately after the use, or causing any damage to the facility will result in forfeiture, in part or full, of the security deposit. Sign ture of Applicant Revised 112021 36 of 195 CITY OF SEBASTIAN LEISURE SERVICES RECEIPT 2636 KellyName & Cash Date 0 Check # Y!ZMhf--%C1ab t- Q 0 Credit A23; 111V� �0/j �a%� Amount Paid 100001001 08001 Sales Tax 001001 220000 Security Deposit 12S 'D rD O 001501 362100 Taxable Rent zero j* 00 001501 362150 Non -Taxable Rent 001501 342100 Police Security Services 001501 366150 Brick Pavers 001501 366000 Memorial Benches 001501 369400 'et cI=J a.,f CL Reimbursement Services ky IVN/ad& 00.6 .tau c!z -?(Oi� r0'e. I ia X j Tbs fib hhejVKcp mill !�3C„WVA-U� 0 *7 (0/c? 12'.b Total Paid Initials 37 of 195 White - Deot. of Oriain - Yellow - Admin. Svcs. - Pink - Aoolicant M Cf SIEBAST_�_ V HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: May 10, 2023 Agenda Item Title: Alcohol Beverage Approval Recommendation: Approve alcoholic beverages for the Molter Family Baby Shower at the Yacht Club. Background: Katelyn Molter is seeking Council approval to serve alcoholic beverages at the Yacht Club on Saturday, .tune 17th, 2023 from 12:00pm to 5:00pm. Staff has verified applicant's date of birth. They are expecting 35 - 40 people. If Agenda Item Requires Exaenditure of Funds: Budgeted Amount: Total Cost: Funds to Be Utilized for Appropriation: Attachments: 1. Rental Permit Application 2. Payment Receipt Administrative Services Department Review: City Attorney Review: Procurement Division Review, ifapplicable: City Manager Authorization: Date: S/1,�2 v NIA NIA NIA 38 of 195 y' _,- HOME OF PELICAN ISLAND CITY OF SEBASTIAN FACILITY RENTAL PERMIT APPLICATION 1225 Main Street Sebastian, FL 32958 Parks Phone: (772) 228-7054 FAX: f772) 388-8249 For emergency purposes ONLY, please dial 772.473.0454" Date: 4/18/2023 ❑ Community Center I Yacht Club Katelyn Molter Name of Permittee (permits may only be issued to an adult) Name of Organization (if applicable) 534 Bayharbor Terr Physical Address Sebastian City Mailing Address (if different) FL 772-5 38-6216 State Phone Baby Shower Reason for Rental - Type of Function katemolter09@gmail.com E-Mail 35-40 Anticipated Number of Attendees (if more than 75 attendees, police services are required by R-10-15) ij 117120 2 3 Requested Date Please answer the following yes or no. I ) Are you a resident of Sebastian? 2) Will there be an admission charge or door charge? 3) Will alcoholic beverages be served? If yes, please provide govt. issued ID proof of age 12pm - Time: Frorn vac NO YES YES Date of Birth 5pm To Verified by I. Kate vn Molter , the undersigned. acknowledge that I am the applicant or authorized agent of the above referenced organization. that I am aware of the provisions of the City of Sebastian Codes and Resolutions in respect to this application and use of City facilities for which I have applied and agree to abide by all rules and regulations set out for use of City facilities. I understand that the $250.00 security deposit will be refunded if the building is left clean and undamaged, however. failure to clean the facilities immediately after the use, or causing any damage to the facility will result in forfeiture, in part or full, of the security deposit Signature of Applicant 39 of 195 CITY OF SEBASTIAN LEISURE SERVICES RECEIPT 2635 N me C4eA%-Id 4 4h' OeM 1 Cl Cash Date Check 0 Credit Amount Paid 001001 208001 Sales Tax 001001 220000 Security Deposit 2ftf V • 001501 362100 Taxable Rent 1,2do 0 0 001501 362150 Non -Taxable Rent 001501 342100 Police Security Services 001501 366150 Brick Pavers 001501 366000 Memorial Benches 001501 369400 Reimbursement Services ZZ9 Total Paid �O� Initials /to—o 40 of 195 White - Not. of Origin - Yellow - Admin. Svcs. - Pink - Aoulicant cFaYa SE HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: May 10, 2023 Agenda Item Title: Alcohol Beverage Approval Recommendation: Approve alcoholic beverages for the Davenport Family Baby Shower at the Yacht Club. Background: Amanda Davenport is seeking Council approval to serve alcoholic beverages at the Yacht Club on Saturday, July 8th, 2023 from 1:00pm to 5:00pm. Staff has verified applicant's date of birth. They are expecting 30 - 40 people. If Agenda Item Requires Expenditure of Funds: Budgeted Amount: Total Cost: Funds to Be Utilized for Appropriation: Attachments: 1. Rental Permit Application 2. Payment Receipt Administrative Services Department Review: City Attorney Review: Procurement Division Review, if applicable: City Manager Authorization: Date: C /1 /.1 ? NIA NIA NIA 41 of 195 all y SEBASTIAN 77, _49 HOME OF PELICAN ISLAND CITY OF SEBASTIAN FACILITY RENTAL PERMIT APPLICATION 1225 Main Street Sebastian, FL 32958 Parks Phone: (772) 228-7054 FAX: (772) 388-8249 • For emergency purposes ONLY. please dial772.473.0454• DatT:e. )t11,2 � El Community Center , Yacht Club i�l'vwAck Dav n\p C `t'/� Name of Permittee (permits may only be issued to an adult) Name of Organization (if applicable) Physical Address Mailing Address (if different) W0 U)n cot city State Phone E-Mail Reason foi Rental — Type of Function Anticipated Number of Attendees (if more than 75 attendees, police services are required by R-10-15) Requested)Date Please answer the following yes or nc: l) Are you a resident of Sebastian? 1) Will there be an admission charge or door charge? 3) Will alcoholic beverages be served? If yes, please provide govt. issued ID proof of age c,vy-\ 5 Vrn Time: From To ' �s i(1 O Date of Birth Verified by I, (�MCt Y"06- r�the undersigned, acknowledge that l am the applicant or authorized agent of the above referenced organization, that I am aware of the provisions of the City of Sebastian Codes and Resolutions in respect to this application and use of City facilities for which I have applied and agree to abide by all rules and regulations set out for use of City facilities. I understand that the $250.00 security deposit will be refunded if the building is left clean and undamaged, however, failure to clean the facilities immediately after the use, or causing any damage to the facility will result in forfeiture, in part or full, of the security deposit. Signature of Applicant Revised 1/2021 42 of 195 CITY OF SEBASTIAN LEISURE SERVICES RECEIPT Name d Cash 4 17 hDate�� 0 Check # dcAt 7 1Xl � 01001 2 401 Sales Tax 001001 220000 Security Deposit 001501 362100 Taxable Rent 0 Credit 001501 362150 Non -Taxable Rent 001501 342100 Police Security Services 001501 366150 Brick Pavers 001501 366000 Memorial Benches 001501 369400 Reimbursement Services 71 cku a. ��a1Eie �iuG Crty t4aV nn;7FGor� efi/vn i"Ae "'y by ro.ed on !N 29 2625 Amount Pa d 490.10 �Mv Co. ?so CM 0'r 6P-- Total Paid �--- Initials 43 of 195 White - Dept. of Origin - Yellow - Admin. Svcs. - Pink - Applicant �Fp �CmOf HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: May 10, 2023 Agenda Item Title: Alcohol Beverage Approval Recommendation: Approve alcoholic beverages for the Dexter Family Baby Shower at the Yacht Club. Background: Wesley Dexter is seeking Council approval to serve alcoholic beverages at the Yacht Club on Sunday, August 6th, 2023 from 10:00am to 2:00pm. Staff has verified applicant's date of birth. They are expecting 30 people. If Agenda Item Requires Expenditure of Funds: Budgeted Amount: Total Cost: Funds to Be Utilized for Appropriation: Attachments: 1. Rental Permit Application 2. Payment Receipt Administrative Services Department Review: NIA City Attorney Review: NIA Procurement Division Review, if applicable: NIA City Manager Authorization: Date: 44 of 195 mcf 9JRAST HOME OF PELICAN ISLAND CITY OF SEBASTIAN FACILITY RENTAL PERMIT APPLICATION 1225 Main Street Sebastian, FL 32958 Parks Phone: (772) 228-7054 FAX: (772) 388-8249 For emergency purposes ONLY please dial 772.473.0454' de,` ;� �3 ❑ Community Center , Yacht Club me of Pere ittee (permits may only be issued to an adult) Name of Organization (if applicable) ysical Address Mailing Address (if different) 3.)95C9 77a-</O ^54 IS At,, .1cc �.11 ty State Zip Phone E-;Ail lcl i- ccp - !ason for Rental — Type /of Function iticipated Numbe of Attendees (if more than 75 attendees, police services are required by R-10-15) A- U L5) t'4k 10-2- Ia;'Dt� j ,--;) �-D :quested Dae Time: From To case answer the following yes or no: Are you a resident of Sebastian? VIC Will there be an admission charge or door charge?0 Will alcoholic beverages be served? ��eS If yes, please provide govt. issued ID proof of age 11^ 0 - Hi Date of Birth Verified by tj�')a i %xlec , the undersigned, acknowledge that I am the applicant or authorized agent of the above ferenced /organization, that I am aware of the provisions of the City of Sebastian Codes and Resolutions in respect to this )plication and use of City facilities for which I have applied and agree to abide by all rules and regulations set out for use of City cilities. I understand that the $250.00 security deposit will be refunded if the building is left clean and undamaged, however, ilure to clean the facilities immediately after the use, or causing any damage to the facility will result in forfeiture, in part or full, the security deposit. Signature of Applicant Revised 1/2021 45 of 195 CITY OF SEBASTIAN LEISURE SERVICES RECEIPT 2638 Name \AA` Date 12 YoLeArt" CJK-b 9l44 /2.62.5 lot" 1100 04b)t.6ho kmr 001001 208001 Sales Tax 001001 220000 Security Deposit 001501 362100 Taxable Rent 001501 362150 Non -Taxable Rent ❑ Cash ACheck # 1142" ❑ Credit 001501 342100 Police Security Services 001501 366150 Brick Pavers 001501 366000 Memorial Benches 001501 369400 Reimbursement Services Amount Paid .'fib, QP & --'4ep Total Paid��©O Initials 46 of 195 White - Deot. of Oriain - Yellow - Admin. Svcs. - Pink - Aoolicant CITY OF SEBASTIAN LEISURE SERVICES RECEIPT 2637 Name v"`-1: 1cy DA4.+Pe Date .4':a4c/14X0 20d> YJa.ch �' C t vh SAP /7-07-T5 Sys 120Uj �- 001001 208001 Sales Tax 001001 220000 Security Deposit 001501 362100 Taxable Rent 001501 362150 Non -Taxable Rent Cash ❑ Check # ❑ Credit 001501 342100 Police Security Services 001501 366150 Brick Pavers 001501 366000 Memorial Benches 001501 369400 Reimbursement Services Amount Paid :5,a-2-C I =0 ( � 1370 Total Paid & � \..IfiiNals 47 of 195 White - Dept. of Origin - Yellow - Admin. Svcs. - Pink - Aoolicant MOF SEBAST�1V H0 OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meetina, Date. May 10, 2023 Affenda Item Title: Alcohol Beverage Approval Recommendation: Approve alcoholic beverages for the Avila Family Wedding celebration at the Community Center. Backeround: Aurora Avila is seeking Council approval to serve alcoholic beverages at the Community Center on Saturday, November 4th, 2023 from 2:00pm to 9:00pm. Staff has verified applicant's date of birth. They are expecting 100 — 125 people. If Azenda Item Requires Expenditure of Funds: Budgeted Amount: Total Cost: Funds to Be Utilized for Appropriation: Attachments: 1. Rental Permit Application 2. Payment Receipt Administrative Services Department Review: N/A City Attorney Review: Procurement Division Review, if applicable City Manager Authorization Date: �1,Z/ 1 7 NIA NIA 48 of 195 C71y C1 SEBASTtAN ;;=a;;; HOME OF PELICAN ISLAND CITY OF SEBASTIAN FACILITY RENTAL PERMIT APPLICATION 1225 Alain Street Sebastian, FL 32958 Parks Phone: (772) 228-7054 FAX: (772) 38B-8249 ' For emergency purposes ONLY, please dial772.473.0434" q-13-�2_3 DateA I Community Center ❑ Yacht Club RV'-O;rvt AV l } C'� Name of Permittee (permits may only be issued to an adult) Name of Organization (if applicable) LM5 IU2tiD Li Physical Address Mailing Address (if different) city State Zip Phone E-Mail W � 0 d , +'l C.� Gx_I o'- O�tVl o n Reason for Rental Type of Function Anticipated Number of Attendees (if more than 75 attendees, police services are required by R-10-15) I ti- q--I- 3 ! Requested Date Time: From To Please answer the following yes or no: .47 IJ? a`�e�� 1) Are you a resident of Sebastian? C�p 2) Will there be an admission charge or door charge? 3) Will alcoholic beverages be served? ^� �t✓„5 � L��3 U j� If yes, please provide govt. issued ID proof of age Date of Birth Verified by AU M Y-17i A V`r # CA , the undersigned, acknowledge that I am the applicant or authorized agent of the above referenced organization, that I am aware of the provisions of the City of Sebastian Codes and Resolutions in respect to this application and use of City facilities for which I have applied and agree to abide by all rules and regulations set out for use of City facilities. I understand that the $250.00 security deposit will be refunded if the building is left clean and undamaged, however, failure to clean the facilities immediately after the use, or causing any damage to the facility will result in forfeiture, in part or full, of the security deposit. 0_AAAjy-y-K RA Signature of Applicant I evised 1 /2021 49 of 195 CITY OF SEBASTIAN LEISURE SERVICES RECEIPT 2629 P Name A tram, A ❑ Cash A / I ta, /--2 &, Date ❑ Check # commVni Ce'r r' a Credit 11 /4/ZO 3 y�ed�! antr. t , � � Amount Paid 001001 208001 Sales Taxi '~ 001001 220000 Security Deposit 001501 362100 Taxable RentQ • �0 001501 362150 Non -Taxable Rent 001501 342100 Police Security Services 001501 366150 Brick Pavers 001501 366000 Memorial Benches 001501 369400 Reimbursement Services 7Jclt up key iv +10k. Cjp Mww n I o n 6v ofh/:45 "e-P 0.61t rfefr►nef will �. Total Paid 9y2v Iniliats 50 of 195 White - Dent. of Origin - Yellow - Admin. Svcs. - Pink - Annlicant SEi [AN HOW t`! F1Ikt %m4141A CITY COUNCIL AGENDA TRANSMITTAL ('auntil Nleclin Dale Ma% 10. 2023 ;�k,ocnda Item Title Appoint in Altorncy to represent the city on the Pelican Island Audubon SociON Annexation soil Recommendation Staff requests City Council appoint Mr. Mai to represent the city on the Pelican Island lawsuit case 0312023APOOOOt13 Background. On April 21. 2023 Pelican Island Audubon Socict% filed suit against the laity regarding the annexation of Graves Brothers property. 'lltc City has to file a response no later than June 26, 2023, Mr, Mai has been informed and has mct with the property owner and his attorney. Mr. Mai has requested the pertinent documents to file the response to the court. Sincc time if of the essence staff thinks it is best to have Mr. Mai continue to represent the tiny in this matter. If Agenda Item Reouires Exnenditure of Funds. Total Cost: TBD Attachments. I Court filing Administrative Services Department Review --el Cith Attornev Review Procurement Division Revi0%. ifallPLcable: NSA City Manager9uth 'ration: Date, - 3 -1'UL 1/J Piling ## 171508870 E-Filed 04/21/2023 10:53:06 AM IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR INDIAN RIVER COUNTY, FLORIDA APPELLATE DIVISION Rule 9.100 Petition for Writ of Certiorari CASE NO. PELICAN ISLAND AUDUBON SOCIETY, a Florida Not -For Profit Corporation and GRAHAM COX, and DONNA HALLERAN, Petitioners, V. CITY OF SEBASTIAN, a municipality, Respondent. PETITION FOR WRIT OF CERTIORARI COME NOW, Petitioners, Pelican Island Audubon Society, Graham Cox (individually) and Donna Halleran (individually), together "Petitioners," pursuant to Rule 9.030 (c), Fla. R. App. P. and Section 171.081, Florida Statutes, and respectfully request that this Court grant its Petition for Writ of Certiorari and quash Respondent's Page 1 of 22 52 of 195 Annexation Ordinance passed on March 22, 2023. Citations to the Appendix shall be made as (App. Page #). I. PARTIES AND PROCEDURAL HISTORY 1. Petitioner Pelican Island Audubon Society ("PIAS") is a Florida not -for -profit corporation that has been in existence since 1966, whose mission is "to preserve and protect the animals, plants, and natural communities and the land and water on which they depend in Indian River County through education, advocacy, and public awareness." PIAS holds real property interest in the form of conservation easements within the City of Sebastian city limits. (App. 125). 2. Petitioner Graham Cox is a board member of the PIAS and a resident of the City of Sebastian. His address is 1213 George St., Sebastian, FL 32958. (App. 129). Petitioner Cox frequently speaks at Sebastian council meetings regarding environmental issues, such as the spraying of various chemicals into the waterways running through Sebastian that end up in the St. Sebastian River. He was drawn to the City of Sebastian by its environmental qualities of water and open space. He was Page 2 of 22 53 of 195 represented by the undersigned attorney at the adoption hearing, item 10.b. of the agenda, and he spoke during the discussion on the annexation agreement, item 10.a of the agenda. (App. 139). 3. Petitioner Donna Halleran is executive director of PIAS and a board member for the Clean Water Coalition of Indian River County and a resident of the City of Sebastian. Her address 925 Greenbrier Ave., Sebastian, FL 32958. (App. 128). Petitioner Halleran actively engages within her local community for the protection of the environment. Her decision to locate and reside within the City of Sebastian was based upon its unique charm and environmental attributes of having the St. Sebastian River flank the western boundary while the Indian River Lagoon borders the eastern boundary. She was represented by the undersigned attorney at the adoption hearing for the annexation ordinance. (App. 139). 4. The Petitioners retained the legal services of the undersigned attorney George Glenn Jr. to represent their interests at a City of Sebastian's first attempt at the current annexation ordinance Page 3 of 22 54 of 195 that was held on February 8, 2023, and then again at its second attempt at the March 22, 2023 public hearing- required because of defective notice for the February 8, 2023 meeting. (App. 36). Both meetings were attended by the undersigned attorney who spoke on the public record identifying his representation of the Petitioners in this legal matter and their objections to the Ordinance. (App. 139). 5. Respondent is the City of Sebastian (Hereinafter "City" or "Sebastian"), an incorporated municipality located within Indian River County, Florida. 6. On March 22, 2023, the City voted affirmatively to enact the Annexation Ordinance No. 0-22-07. (App. 42). 7. This is the third annexation attempt of the applicant's property into the City. In 2018, the City annexed -67 acres of agriculture land north of County Road 510. (App. 111) . This - 67-acre property provided a small connection point to the then City's existing boundary. In August of 2019, the applicant attempted to annex - 1,100 acres into the City through annexation ordinance No. 0-19-04. That annexation ordinance was struck Page 4 of 22 55 of 195 down via Writ of Certiorari issued by this court. (CASE NO. 19- AP-142). 8. The Annexed Property contains an environmentally important slough that forms the headwaters to the South Prong of the St. Sebastian River. (App. 90). The St. Sebastian River flows directly into the Indian River Lagoon. 9. The Annexed Property subject to this legal challenge was annexed into the municipal boundaries of the City purportedly pursuant to the voluntary annexation provisions of section 171.044, Florida Statutes. 10. Florida Statutes Section 171.031(5) defines "parties affected" as any persons or firms owning property in, or residing in, either a municipality proposing annexation or contraction or owning property that is proposed for annexation to a municipality or any governmental unit with jurisdiction over such area. 11. Appeal of an annexation is provided by Section 171.081, Florida Statutes, which states the following: (1) Any party affected who believes that he or she will suffer material injury by reason of the failure of Page 5 of 22 56 of 195 the municipal governing body to comply with the procedures set forth in this chapter for annexation or contraction or to meet the requirements established for annexation or contraction as they apply to his or her property may file a petition in the circuit court for the county in which the municipality or municipalities are located seeking review by certiorari. The action may be initiated at the party's option within 30 days following the passage of the annexation or contraction ordinance or within 30 days following the completion of the dispute resolution process in subsection (2). In any action instituted pursuant to this subsection, the complainant, should he or she prevail, shall be entitled to reasonable costs and attorney's fees. 12. PIAS is a party affected because it holds a real property interest in the form of conservation easement on 17 lots in the Sebastian City limits. (App. 125). PIAS also holds monthly membership meetings from October -May at the Sebastian city library located at 1001 Sebastian Blvd, Sebastian, FL 32958, and has several members residing within the City limits. The PIAS board authorized this action because it has a reasonable belief that the organization and its members will suffer material injury by the City's refusal to comply with state law regarding the annexation of the Annexed Property. That material injury is explained in this Petition. Page 6 of 22 57 of 195 13. Graham Cox is a party affected by virtue of his ownership and residence at 1213 George St., Sebastian, FL 32958. (App. 131). Graham Cox has reasonable belief that he will suffer a material injury by the City's refusal to comply with state law regarding the annexation of the Annexed Property. That material injury is explained throughout this Petition. 14. Donna Halleran is a party affected by virtue of her ownership and residence at 925 Greenbrier Ave., Sebastian, FL 32958. (App. 139). Donna Halleran has reasonable belief that she will suffer a material injury by the City's refusal to comply with state law regarding the annexation of the Annexed Property. That material injury is explained throughout this Petition. 15. The issue of standing to appeal an annexation ordinance was clarified in Matlacha Civic Association, Inc., v. City of Cape Coral, 273 So.3d 243, 245-246 (Fla. 2nd DCA 2019). That case stated the following: "The City argued that standing under section 171.081(1) required more than being a "party affected." Not only must the petitioner be a "party affected," the petitioner must demonstrate he or she has suffered a present "material injury" as a direct Page 7 of 22 58 of 195 result of the annexation. The trial court dismissed the petition after concluding the Cape Coral residents had not alleged they had suffered a present material *246 injury. The petitioners argue that the trial court departed from the essential requirements of law by failing to abide by the plain language of section 171.081(1), the result of which was to deprive them of their statutory right to seek review of the annexation. We agree. Section 171.081(1) authorizes any "party affected who believes that he or she will suffer material injury by reason of the failure" of a municipality to comply with the statutory procedure for annexation to seek certiorari review of the annexation. (Emphasis added). The trial court's conclusion that the petitioners had to allege a present material injury directly resulting from the annexation is contrary to the plain language of the statute. This was a departure from the essential requirements of law." Matlacha Civic Assn, Inc. v. City of Cape Coral, 273 So. 3d 243, 245-46 (Fla. 2d DCA 2019) II. DISCUSSIONS BETWEEN THE APPLICANT AND CITY STAFF 16. Prior to the final adoption hearing of the 2019 Annexation Ordinance, Indian River County Government submitted a public records request to the City for communications relating to the Graves Brothers' Inc. annexations. The response to the public records requests produced documents going back to Page 8 of 22 59 of 195 January 2018 showing a coordinated effort between the landowner and the City to shoe -string annexations over time to evade critical review from courts and state agencies. (App. 100- 110) . Those communications were submitted as part of the record before the City Council. 17. Even while the first annexation (the 67-acre annexation) was still under consideration by the City Council in May 2018, the landowner was emailing city staff trying to set up a meeting with the new city manager "to discuss the Graves Brothers' current and future annexation plans." (App. 100). 18. As early as January 29, 2018, the landowner's consultant, Joseph Schulke, was emailing city community development director Lisa Frazier asking for information on the "additional Graves Bros. property." (App. 101). Ms. Frazier responded that day by stating that staff believed the city council would be receptive to "all requests for annexations." (App. 101). III. STANDARD OF REVIEW 19. Circuit courts review annexation ordinances by certiorari per Fla. Stat. §171.081; see also Countv of Volusia v. City of Page 9 of 22 60 of 195 Deltona, 925 So.3d 340 (Fla. 5th DCA 2006). Certiorari review is governed by a three-part standard of review: (1) whether procedural due process was afforded; (2) whether the essential elements of the law were observed; and (3) whether the decision was supported by competent substantial evidence. See Citv of Deerfield Beach v. Valliant, 419 So.2d 624, 626 (Fla. 1982). On certiorari review, the circuit court is limited to reviewing the record that was created before the lower tribunal. See Fla. Power 8s Light Co. v. City of Dania, 761 So.2d 1089, 1092 (Fla. 2000). In performing its certiorari review, the circuit court may not reweigh the evidence or substitute its judgement of that of the agency. Countv of Volusia at 343. IV. DEPARTURE FROM THE ESSENTIAL ELEMENTS OF THE LAW 20. Petitioners allege the City departed from the essential elements of the law because the Annexed Lands fail the statute's requirement that the annexation of lands be contiguous and compact. Page 10 of 22 61 of 195 21. As noted above, the City deliberately set forth on a path to shoestring annexations from a single landowner. There would be no logical reason to do this unless the City and the Applicant were concerned about defects the annexation would have with state law. Those defects included requirements that annexed lands be contiguous and compact. FLA. STAT § 171.044(1). State law defines contiguous and compact to mean the following: "Contiguous" means that a substantial part of a boundary of the territory sought to be annexed by a municipality is coterminous with a part of the boundary of the municipality. The separation of the territory sought to be annexed from the annexing municipality by a publicly owned county park; a right-of-way for a highway, road, railroad, canal, or utility; or a body of water, watercourse, or other minor geographical division of a similar nature, running parallel with and between the territory sought to be annexed and the annexing municipality, shall not prevent annexation under this act, provided the presence of such a division does not, as a practical matter, prevent the territory sought to be annexed and the annexing municipality from becoming a unified whole with respect to municipal services or prevent their inhabitants from fully associating and trading with each other, socially and economically. However, nothing herein shall be construed to allow local rights -of -way, utility easements, railroad rights -of - Page 11 of 22 62 of 195 way, or like entities to be annexed in a corridor fashion to gain contiguity; and when any provision or provisions of special law or laws prohibit the annexation of territory that is separated from the annexing municipality by a body of water or watercourse, then that law shall prevent annexation under this act. (12) "Compactness" means concentration of a piece of property in a single area and precludes any action which would create enclaves, pockets, or finger areas in serpentine patterns. Any annexation proceeding in any county in the state shall be designed in such a manner as to ensure that the area will be reasonably compact. 22. Florida Statutes does not define serpentine, but "serpentine" is defined in Webster's as "winding or turning one way and another." Citv of Sanford v. Seminole Countv, 538 So. 2d 113, 115 (Fla. 5th DCA 1989) 23. In Countv of Volusia v. City of Deltona, 925 So.2d 340, (Fla. 5tlz DCA 2006), the Fifth District Court of Appeals examined an attempt by the City of Deltona to annex three properties into its city limits. In that case, the Fifth DCA reviewed whether the annexation met the requirement that annexed lands be contiguous. The circuit court found that the annexation was contiguous under the meaning of the statute because virtually Page 12 of 22 63 of 195 the entire western boundary of first annexed property was coterminous with the City's boundary. Id. 344. However, the Fifth DCA reversed, finding that Deltona and the owners attempted to shoestring annexations to an area it desired to develop. In Deltona's efforts to shoestring annexations, the Court concluded that the proper statutory examination of contiguous and compact applies to all the annexed lands, not just a single annexed property. Further, the Court noted, such effort to shoestring annexations to skirt the statutory requirements on annexations was found to defeat "the basic concept of a municipal corporation of unity and compactness." Id. 24. Courts have held over the years that the statutory requirement of a contiguous border applies not necessarily to the entire property but to a boundary and is met if "the annexed parcels touch or adjoin existing municipal territory in a reasonably substantial sense." Citv of Stanford v. Seminole Countv, 538 So.2d 113, 115 (Fla. 5th DCA 1989), citing Mav v. Lee County, 483 so.2d 481 (Fla. 2d DCA 1986). Emphasis added. Page 13 of 22 64 of 195 25. In the case -at -bar, the City first annexed a 67-acre landholding of the Applicant in 2018. (App. 111) . Even before that annexation had been approved by the City Council, the Applicant was discussing with staff how to proceed on future annexations. (App. 100). The applicant followed up with an attempt to annex 1,100 acres pursuant to the 2019 annexation ordinance that was struck down by this court. Now the applicant brings forward -2,000 acres to annex into the city. As was argued in the Petition for Writ of Certiorari to the 2019 annexation, the intent all along was to conduct three or more annexations over time to hide defects with state statute for requirements of contiguous and compactness of annexed lands. 26. It is important to look at the map of the annexed properties in relation to the then existing city limits prior to the 2018 annexation. (App. 119-122). The 2018 annexation had a tiny, shared boundary with the City. (App. 118, NOTE: The Annexation Area Map Report produced by David Cox Consulting refers to the 67-acre, 2018 annexation through Annexation Ordinance No. O- 18-06 as "2019". This was an oversight as Page 14 of 22 65 of 195 this was meant to be referenced as the "2018" annexation area on the report and subsequent maps with the land area shown in red). 27. The 2,000-acre annexation subject to this challenge (shown in pink on maps found in the Appendix 119-122) shares a contiguous boundary with the 2018 annexation area in red that represents 3.96% of the entire 2,000-acre property boundary. (See explanation for Figure 1 at App. 118-119). When the entire Graves' Brothers Property that has been annexed in Sebastian - first through the -67 acre annexation in 2018, and the current 2,000-acre annexation- is examined, the sum of both annexed lands adjacent to, or contiguous to, the City limits in 2018 represents only 0.76% of the total area perimeter. (See explanation for Figure 3 at App 118, 12 1). 28. It is clear from reviewing the maps provided in the record that this enormous, annexed land is but an appendage to the existing City boundaries. The 2018 annexation and the 2023 annexation are nothing but undeveloped, former citrus lands that have been piecemealed to hide its statutory deficiencies. Page 15 of 22 66 of 195 These lands are accurately depicted in pictures submitted into the record. (App. 124 ). 29. Reviewing District Courts of Appeal have utilized the attorney general opinion at 077-18, quoting from 56 Am.Jur.2d Municipal Corporations, Etc. §69, as helpful guidance. Citv of Stanford v. Seminole Countv at 116. The legal as well as the popular idea of a municipal corporation in this country, both by name and use, is that of oneness, community, locality, vicinity; a collective body, not several bodies, a collective body of inhabitants - that is, a body of people collected or gathered together in one mass, not separated into distinct masses, and having a community of interest because residents of the same place, not different places. So, as to territorial extent, the idea of a city is one of unity, not of plurality; of compactness or contiguity, not separation or segregation. 077-18 30. It is clear from the maps that the 2,000 acre annexation will be a separate, distinct mass of land. It shares very little boundary with Sebastian's existing limits, is separated by undeveloped county property, and will be mostly surrounded by rural county land with the same county land use and zoning that this property had prior to its annexation and land use change. The annexation agreement executed by the City calls for 20-40% of Page 16 of 22 67 of 195 commercial and other non-residential uses because this area is not intended to be an extension of the existing Sebastian limits, rather a standalone city adjacent to the existing City. (App. 53, Map on 122). 31. Guidance on compactness of an area should be evaluated both visually and by employing standard mathematical measurements. League of Women Voters of Florida v. Detzner, 179, So.3d 258, 263-264 (Fla. 2015). 32. Because boundaries of the annexed land(s) serpentines out and down numerous times, this annexation does not present clear northern, southern, eastern and western boundaries. Petitioners' argue that the reason why the statute requires a substantial contiguous boundary while prohibiting finger like serpentine annexations is that a city could game annexations to avoid one requirement, but it is much harder to avoid both requirements. Petitioners urge this Court to remember that the statute's overriding concerns are that annexations be "contiguous" and "reasonably compact," two things together that are not present with the Graves Brothers' annexations. Page 17 of 22 68 of 195 33. To uphold this annexation would require this reviewing Court to ignore the communications between the City and the Applicant purposely planning to piecemeal the annexations, ignore the actual multistage annexation of completely vacant land, ignore the shape and overall percentage of the annexed lands to the city's then existing boundaries, ignore the guidance from the Attorney General's Opinion 077-18, and ignore the joint statutory requirements of a substantially contagious boundary avoiding serpentine like boundaries. The shared boundary of the current annexation with existing city boundary because of the 2018 annexation represents 3.96% of the total annexed property; the total property area of both the 2018 and 2023 annexation contiguous with the then city limits represent 76% of the combined annexed lands. Neither number warrants a finding that the annexed parcels touch or adjoin existing municipal territory in a reasonably substantial sense. V. ORDINANCE WAS NOT SUPPORTED BY COMPETENT SUBSTANTIAL EVIDENCE 34. Competent substantial evidence is evidence that is sufficiently relevant and material that a reasonable mind would accept it Page 18 of 22 69 of 195 as adequate to support the conclusion reached. See Dep't of Highwav Safetv & Motor Vehicles v. Timble, 821 So.2d 1084, 1087 (Fla. 1 st DCA 2002) A. City Council Failed to Make Requisite Findings that the Annexed Property was Contiguous and Compact 35. To adopt an annexation ordinance pursuant to an application under § 177.044, FLA. STAT., a city council must make clear findings that the properties were contiguous and compact. Lealman Special Fire Control District v. Town of Kenneth Citv, No. 10-000046AP-88B (Fla. 6th Cir. App. Ct. Aug 13, 2013). (Case attached at App. 132-135). 36. In Lealman Special Fire Control District, the court examined the record, which included a transcript of the hearing, and found that the record was devoid of any evidence that the Town considered whether the properties were contiguous and compact. Such lack of evidence led the court to issue the Writ of Certiorari. (App. 132-135). 37. Certiorari review requires specific findings supported by substantial competent evidence adopted by the governing body. Page 19 of 22 70 of 195 The transcript is void of any discussion by the City Council regarding whether the annexed properties were contiguous and compact. The staff report itself does not provide any evidence or analysis of whether the annexation was contiguous and compact as defined in Ch. 171. Rather, there are simply conclusionary statements such as "The annexation of the property removes unincorporated lands which are contiguous, compact, and within the municipal service boundary." (App. 3). The maps contained within the record demonstrate otherwise, as well as the lack of mathematical analysis provided by the City. Petitioners provided mathematical analysis of the annexed lands. VI. MATERIAL INJURY 38. Immediately prior to the public hearing for the approval of Annexation Ordinance 0-22-07, the City approved an annexation agreement with the landowner allowing the landowner to increase the maximum density for residential uses alone from -400 units under the County's land use and zoning regulations to 10,794 units. (App. 53). The allowed use for the Page 20 of 22 71 of 195 property under the County's land use and zoning designation was 1 unit for every 5 acres. (App. 21). This doesn't include the fact that 20% of the property could also be utilized for commercial and industrial purposes under the annexation agreement. (App. 53). Unlike the previous attempted annexation in 2019, the City made no attempt to quantify the impact from this massive increase in density and intensity, but it is clear that such an increase would create negative impacts for roads, parks, and the slough of headwaters of the St. Sebastian River that runs through the annexed property. VII. LEGAL FEES 39. Petitioners' have retained the undersigned attorney and agreed to pay reasonable attorney's fees and costs to represent them in this matter. 40. Florida Statute 171.081(1) entitles only the complainant, should he or she prevail, to reasonable costs and attorney's fees. WHEREFORE, Petitioners request that the Court: Page 21 of 22 72 of 195 a. Grant this Writ of Certiorari and quash Respondent's annexation ordinance; and b. Grant Petitioners their attorney's fees and costs pursuant to §171.081, Fla. Stat.; and C. Grant Petitioners such other relief as is necessary and proper. CERTIFICATE OF SERVICE I hereby certify that a copy of this Petition was furnished Via U.S. Mail or Hand Delivered on April 21, 2023, to: Mayor Fred Jones, 225 Main Street, Sebastian, FL 32958. CERTIFICATE OF COMPLIANCE I hereby certify that this Petition complies with the font requirements of rule 9.045(b) Is,/ George Glenn Jr. George A. Glenn Jr., Esquire Florida Bar No. 28992 Law Offices of Glenn & Glenn 2165 15th Avenue (32960) Post Office Box 8 Vero Beach, FL 32961-0008 (772) 569-0442 Contact email: ulenni r0�gglennlaw. com Email for Service: filingsAgglennlaw. com Page 22 of 22 73 of 195 e. 110ME OI FLUCAN ISIAND CITY COUNCIL AGENDA TRANSMIT I'AL Council Alecting pate: May 10, 2023 Acenda Item Title: Request for Proposal (RFP #23-08) for the Sale and Redevelopment of City - owned Property and Provision of a Mixed -Ilse Development located at 1215 Indian River Drive, Sebastian, Florida, situated in the Community Redevelopment area. Recommendation: Staff requests consensus from Council for the Request for proposal (RIP #23-08) for the Sale and Redevelopment of City -Owned Property, Background: The City of Sebastian is requesting proposals from qualified real estate developers/invcstors/operators for the purchase and redevelopment of city -owned property located at 1215 Indian River Drive, Sebastian, FL 32958 (former Harbor Lights Motel). This Request for Proposal (RFP #23- 08) is issued in accordance with the disposal of real property provisions set forth in Section 163.380, Florida Statutes. The Sebastian Community Redevelopment Agency "CRA" invites Proposers to submit their qualifications, approach, conceptual design, financial and other terms for the Proposer to purchase, design, permit, construct, finance, operate and maintain a mixed -use development on a 0.51+1- acre site located at 12I5 Indian River Drive, Sebastian, FI, If A-_lcnda Item Requires Expenditure of Funds: Budgeted Amount: NA Total Cost: $0.00 Funds to Be Utilized for Appropriation: NA Attachments: I. RFP #23-08 Administrative Services Department Review: ` cz'.�.-'Li City Attorney Review: Procurement Division Review, ifapplicable: 49L City Manager Authorization:-' Date: -- ■ 741of 4 95- an Y RFP #23-08 HOME OF KUCAN ISLAND PURCHASE AND REDEVELOP 1215 INDIAN RIVER DRIVE REQUEST FOR PROPOSALS The City of Sebastian is requesting proposals from qualified real estate developers/investors/operators for the purchase and redevelopment of city -owned property located at 1215 Indian River Drive, Sebastian, FL 32958 (former Harbor Lights Motel). This Request for Proposal ("RFP") is issued in accordance with the disposal of real property provisions set forth in Section 163.380, Florida Statutes. The Sebastian Community Redevelopment Agency "CRA" invites Proposers to submit their qualifications, approach, conceptual design, financial and other terms for the Proposer to purchase, design, permit, construct, finance, operate and maintain a mixed -use development on a 0.51+/- acre site located at 1215 Indian River Drive, Sebastian, FL. The Citv will NOT nav real estate commissions on this sale. All proposals are due no later than Friday. July 21, 2023 by 2:00 PM. LOCAL TIME, at which time all proposals are due. Late proposals will not be accepted. Proposers have the option to submit physically, in -person, or by mail. Submissions shall only be accepted at Citv Hall. Proposer must submit proposal in a sealed envelope/box/container: One (1) original proposal "MARKED ORIGINAL & SIGNED IN BLUE INK," including the required deposit. EIGHT (8) copies "MARKED COPY & SIGNED IN BLACK INK" of the proposal are required; One (1) USB with an electronic version is required. 0n1v the NAME of the rams who submitted a response to this Request for Proposal will be read aloud. RFP's will not be made available for review at the time of the openinta. EVENT RELEASE DATE: QUESTIONS DUE DATE/TIME: DUE DATE/TIME: 1s.I. EVALUATION MEETING: 2i1D EVALUATION MEETING, if applicable: RECOMMENDATION OF AWARD — CITY COUNCIL MEETING: City of Sebastian City Hall 1225 Main Street Sebastian, Florida 32958 DATE TIME WEDNESDAY, MAY 22, 2023 - FRIDAY, DUNE 30, 2023 END OF BUSINESS FRIDAY, JULY 21, 2023 2:00 PM EST TBD 10:00 AM EST .f TBD 6:00 PM EST RFP documents and any addenda may be obtained from the City's website (www.citvofsebastian.or0, DemandStar (www.demandstar.com) or VendorLink (www.vendorlink.com). It will be the sole responsibility of the Proposer to determine if anv addenda have been issued nrior to submitting a oronosal. Any and all questions and communication concerning this RFP should be emailed ONLY to the contact person listed below, no later than Friday, June 30, 2023 by end of day. Contact by a Proposer (or anyone representing a Proposer) regarding this RFP with the City Council or a City employee/representative other than the point of contact listed above, is grounds for disqualification. 76 of 195 Page 2 of 31 alfl T SERAST�V - - - RFP #23-08 HOME OF VEUCAN ISUND PURCHASE AND REDEVELOP 1215 INDIAN RIVER DRIVE STATEMENT OF NO RESPONSE, If your firm does not intend on submitting a proposal, please complete and return this form prior to the Solicitation Opening date shown herein. Return by email (dwixon aAcitvofsebastian.or ) or by mail to: CITY OF SEBASTIAN, CITY HALL ATTN: PROCUREMENT 1225 MAIN STREET SEBASTIAN, FLORIDA 32958 Company Name: Company Address: Phone Number: We are not responding to RFP #23-08. FOR THE PURCHASE OF CITY -OWNED PROPERTY AND PROVISION OF A MINED -USE DEVELOPMENT AT 1215 INDIAN RIVER DRIVE SEBASTIAN FLORIDA for the following reasons) (mark all that applies): Do not offer the good(s) or services) required Our schedule would not permit us to perform responsibly Unable to meet specifications/scope of services Unable to meet minimum requirements Insufficient time allowed for preparation of response ProjectBudget too small Specifications unclear — too vague, rigid, etc. (please explain below) Other (please specify below) REMARKS Signature Print Name-/ Title Date Page 3 of 31 77 of 195 'n, 5� BASTIAN HOME OF PEUCAN ISLAND RFP 423-08 PURCHASE AND REDEVELOP 1215 INDIAN RIVER DRIVE TABLE OF CONTENTS REQUESTFOR PROPOSALS.................................................................................................................2 STATEMENT OF NO RESPONSE.........................................................................................................3 TABLEOF CONTENTS............................................................................................................................4 DEFINTIONS..............................................................................................................................................4 SECTION 1— SOLICITATION INFORMATION..................................................................................5 SECTION 2 — PURCHASE AGREEMENT DETAILS..........................................................................9 SECTION 3 — PROPOSAL FORMAT & REQUIREMENTS.............................................................11 SECTION 4 — EVALUATION PROCESS..............................................................................................12 SECTION 5 -- GENERAL CONDITIONS..............................................................................................13 SECTION 6 — REQUIRED FORMS.......................................................................................................20 PROPOSALCHECKLIST.....................................................................................................................20 MAILINGLABEL.................................................................................................................................21 CONTACT INFORMATION SHEET - FORM A................................................................................22 ADDENDA ACKNOWLEDGEMENT - FORM B......................................... ............................. ........23 PROPOSED PURCHASE PRICE - FORM C.......................................................................................24 PROPOSER'S DISCLOSURE - FORM D............................................................................................25 E-VERIFY ACKNOWLEDGMENT - FORM E..................................................................................27 NOTIFICATIONS AFFIDAVIT - FORM F.........................................................................................28 MINORITY, WOMEN and DISABLED -OWNED REPRESENTATION - FORM G ........................29 SOLICIATION INFORMATION FORM..............................................................................................31 Exhibits: "A" - Property Information and Survey (2018) "B" —Environmental Compliance Report (January 2023) "C" - Sample Purchase Agreement DEFINITIONS Request for Proposals ("RFP"): This Solicitation document, including any and all addenda. Proposal: Submission in response to this RFP. Proposer: Person or firm submitting a Proposal in response to this RFP, "pre -award". Engineer or Desien Build Firm (DBF): Selected Proposer that is meets the scope of services and is awarded a contract to provide the goods or services to the City, "post -award". LitE. Refers to the City of Sebastian. Contract or Agreement: Request for Proposals, all addenda issued thereto, all affidavits, the signed agreement, and all related documents that comprise the totality of the contract or agreement between the City and the Engineer or DBF. Responsible Proposer: Proposer that has the integrity, reliability and capability in all respects to perform in full the contract requirement as stated in the RFP. Responsive Proposer: Proposer who's Proposal fully conforms in all material respects to the RFP and its entire requirement, including form and substance. Davis: Refers to calendar days, unless otherwise stated. Shall, Must & Will: Interpreted as mandatory language. 78 of 195 Page 4 of 31 RFP #23-08 HOME OF PELICAN ISLAND PURCHASE AND REDEVELOP 1215 INDIAN RIVER DRIVE SECTION I — SOLICITATION INFORMATION 1.1 SCOPE OF SERVICES The City of Sebastian is requesting proposals from qualified real estate developers/investors/operators for the purchase and redevelopment of city -owned property located at 1215 Indian River Drive, Sebastian, FL 32958 (former Harbor Lights Motel). Title will be transferred by a special warranty deed. Consideration will be given to development that best promotes a vibrant, active and dynamic keystone site that will further the Community Redevelopment Agency's (CRA) goals and objectives. The City desire's a project that has the ability to provide adaptable mixed use development on the site. This property is located in the Commercial Waterfront Residential (CWR) zoning district and also lies within the Riverfront Overlay District. The redevelopment shall promote and implement the goals and objectives of the CRA Master Plan to remove blight, increase the tax base, and enhance the quality of life; promote the waterfront and its history, and improve the aesthetics and enjoyment of the CWR district and surrounding area. The City will NOT pay any real estate commissions or provide waivers of site related fees on this sale. 1.2 PROPERTY INFORMATION The property consists of vacant land on approximately 0.51 acres. All structures and infrastructure has been removed from the property as of 2022. The property was originally used as a small motel and has been vacant since 2018. There are currently no water or sewer connections, therefore new water and sewer connections would be required as a part of any new development. Water and sewer are available on Indian River Drive. Indian River County Parcel ID: 31390600000005000010.0 SEC 6 TWP 31 RNG 39 GOVT LOT 5 MORE FULLY DESC AS FROM THE NW COR OF GOVT LOT 5 TH RUN SLY AL THE W BNDRY OF GOVT LOT 5 FOR A DIS OF 382.06 FT TO THE S ROW LINE OF MAIN ST TH RUN N83-25-31E AL SAID S ROW LINE FOR A DIS OF 179 FT TO AN IRON PIPE AT THE SE COR OF US HWY 1 AND MAIN ST TH RUN S17-29-29E AL SAID E ROW FOR A DIS OF 203.40 FT TH RUN N76-24-31 E FOR A DIS OF 114.97 FT TO THE POB TH RUN S21-22-36E FOR A DIS OF 186.51 FT TH RUN N73-08-31 E FOR A DIS OF 127.35 FT TO THE W ROW OF OLD US HWY 1 TH RUN N25-29-29W AL THE W ROW OF US HWY 1 FOR A DIS OF 181.25 FT TO A POINT TH RUN S76-24-31 W FOR A DIS OF 114.97 FT TO THE POB The property is in a prime location within the Riverfront Overlay District with a direct view of the Indian River and close proximity to shopping, recreation, entertainment, and restaurants. There are no riparian rights or direct waterfront access associated with the purchase of this property. Site Conditions Special District: Sebastian Community Redevelopment Agency Future Land Use: Riverfront Mixed Use Current Zoning: Commercial Waterfront Residential District (CWR) Performance Overlay District: Riverfront Overlay District Permitted Uses: Multiple -Family Dwellings up to 8 units per acre Commercial retail less than or equal to 5,000 sq ft Height: 35 feet Parcel Size: 0.51 acres Access to all typical utilities including but not limited to water, electric, telephone, sewer, and internet. Exhibits include: "A" - Property Information and Survey (2018) "B" - Environmental Compliance Report (January 2023) 79 of 195 Page 5 of 31 on a gBASTLAN HOME OF PELICAN ISLAND RFP #23-08 PURCHASE AND REDEVELOP 1215 INDIAN RIVER DRIVE HARBOR LIGHTS MOTEL 1215 1N01AN R111ER OR1!': r - w TJ `JORTFi 1.3 DEPOSIT Proposals must be accompanied by a security deposit of $15,000.00, in the form of a certified or cashier's cheek, payable to the City of Sebastian. This deposit will be returned to unsuccessful Proposers. The successful Proposer shall be required to deposit with the City another $30,000.00, for a total deposit of $45,000.00 (or more if increased through negotiations) within five (5) business days following City Council approval of the Purchase Agreement. All deposits by the successful Proposer are non-refundable. 1.4 CITY BACKGROUND The City of Sebastian was first incorporated as the Town of Sebastian in 1924, and is located at the northern end of Indian River County, Florida, approximately midway between Melbourne and Vero Beach on the Treasure Coast. It is recognized as the home of Pelican Island, the first designated wildlife refuge in the United States, and a Tree City USA. Sebastian's current population is 25,438; residents include many retirees and families. The total area of Sebastian is approximately 18.19 square miles with about 1.5 miles of waterfront on the Indian River Lagoon. . The most current employment estimates indicate that Health Care and Social Assistance, Retail Trade, and Accommodations and Food Services are the dominant industries within the City and Sebastian CRA. Sebastian has over 20 beautiful parks, public and private elementary schools, middle schools, and a high school just outside of its limits. With an unobstructed view of the intra-coastal waterway in the Indian River Lagoon along its dazzling riverfront district, close proximity to Atlantic beaches, a year round average temperature of 73.4 degrees, Sebastian is a welcoming city. Entertainment in Sebastian includes shops and restaurants, many churches, several City festivals each year, monthly arts and crafts shows, concerts in the park, a municipal golf course and airport, and a central location with easy access to 1-95 and the Florida Turnpike. Sebastian and the rest of northern Indian River County comprise one of the fastest -growing areas of Florida in the first decade of the 21 st century. Purpose The City of Sebastian is requesting proposals from qualified and experienced real estate developers and builders interested in undertaking the re -development of the former Harbor Lights Motel site located at 1215 Indian River 80 of 195 Page 6 of 31 RFP #23-08 HOME OF PELICAN ISLAND PURCHASE AND REDEVELOP 1215 INDIAN RIVER DRIVE Drive. The site is located in the Sebastian CRA and maintains a CWR, Commercial Waterfront Residential zoning and also lies within the Riveifront Performance Overlay district. The purpose of this solicitation is to offer the property for sale and re -development while at the same time promoting the goals and objectives for the implementation of the CRA plan to remove conditions of blight, increase the tax base, and enhance the quality of life, promote the waterfront and its history, and improve the aesthetics and enjoyment of the commercial waterfront residential district and surrounding area. The City would desire a project that has the ability to provide adaptable mixed use development on the site. Visit the City of Sebastian webpage for information regarding the goals and objectives of the CRA Master Plan and applicable zoning criteria (wvinv.cityofsebastian.org). Proiect Descriution and Available Information The current property is vacant and sits on approximately 0.51 acres. The property was originally used as a small motel and has been vacant since 2018. Water and sewer infrastructure would be required as a part of any new development at the site. The property is in a prime location within the Sebastian CRA with a direct view of the Indian River and close proximity to shopping, recreation, entertainment, and nearby restaurants. There exist no riparian rights or direct waterfront access associated with this purchase and development. If the developer is seeking waivers for development, they must specifically outline each request as a part of their proposal. The site is an important gateway property that lies adjacent to the waterfront. It is the intention of the Sebastian CRA to consider certain development that best captures the architectural appeal of the city as an "Old Florida Fishing Village" as well as develop the property into a vibrant, active, and dynamic keystone site that will further the CRA's goals and objectives. The development of a mixed use property is expected to serve as a catalyst for redevelopment. Proposals should consider incorporating in the project, to the maximum extent feasible, the City's planning objectives and principals including: • Enhance and connect open space • Livable approach to streets and uses • Enhance the CRA Park District The City of Sebastian maintains a parking -in -lieu trust fund established to receive the fee paid by developers unable to provide all of the required parking on -site for a project and shall be used only to develop and maintain public parking within the community redevelopment area. A minimum of 50% of parking is required onsite. The City is not aware of any known soil or groundwater contamination that may adversely affect development. The site has been vacant since 2018 and all structures removed as of 2022. An Environmental Compliance Report and Tank Closure Letter have been included in Exhibit B. The CRA and the CITY are seeking an experienced and well financed developer that is capable of developing the Property. The Proposer must first submit a proposal meeting the requirements of this RFP including submitting detailed elevation drawings or other photos/illustrations and conceptual site development plan. Proposals will then be evaluated and ranked by the CRA Board. The top ranked proposer will then be invited to negotiate the terms and conditions of a written project agreement with the CITY. The selection of the top ranked proposer does not in any way form a contract with the CITY. Rather, it is simply an invitation to commence negotiations with the CITY to draft a mutually agreeable project agreement which shall be subject to consideration and final approval by the CITY COUNCIL. No guarantees or representations whatsoever are given by the CITY that the selected proposer will be able to successfully negotiate a written project agreement with the CITY COUNCIL, and neither is the CITY obligated or required to provide an executable project agreement. If selected and invited to negotiate a project agreement, the negotiation period shall not exceed three (3) months and can be terminated at any time by the CITY COUNCIL. Upon expiration or termination of the negotiations, the CITY COUNCIL may choose to negotiate with any other proposer or terminate the RFP at the CITY COUNCIL'S sole and absolute discretion. A contract is formed with the CITY only at such time the CITY COUNCIL and selected proposer approve and execute the written project agreement. Otherwise, the selected proposer, regardless of the fact that a proposal was submitted and the parties negotiated, has no rights whatsoever to acquire the subject property and/or construct a project on the property. Additionally, the selected proposers must be able to commit to begin construction of the mixed -use development within eighteen (18) months from the date that the site plan is approved by the CITY. 81 of 195 Page 7 of 31 an L( SEBAST�V HOME Of PELICAN ISLAND RFP ##23-08 PURCHASE AND REDEVELOP 1215 INDIAN RIVER DRIVE The project agreement is expected to address the agreed upon terms and conditions of the project including, but not limited to, the proposed conceptual site development plan, building elevations, covenants, conditions, and restrictions, including covenants running with the land, as the CITY deems necessary or desirable to assist in preventing the development or spread of future slums or blighted areas or to otherwise carry out the purposes of this RFP which are to construct a mixed -use development, and such other design, permitting, financial, development schedules, and construction terms and conditions deemed necessary by the CITY. The CITY COUNCIL may accept such proposal and negotiate a written agreement as it deems to be in the public interest and in furtherance of the purposes of the CRA's Redevelopment Plan. The Project Agreement, if successfully negotiated, shall be subject to such covenants, conditions, and restrictions, including covenants running with the land, as the CITY COUNCIL deems necessary or desirable to assist in preventing the development or spread of future slums or blighted areas or to otherwise carry out the purposes of this RFR Further, the CRA lacks authority to grant variances, waivers, or other land use approvals in the City of Sebastian, which is exclusively within the jurisdiction of the Sebastian CITY COUNCIL. Accordingly, proposers should anticipate that it will be required to negotiate a separate development agreement with the City of Sebastian to approve conceptual development plans and address other matters for which the CITY COUNCIL retains exclusive authority, such as vacation of rights -of -ways. Again, no guarantees or representations whatsoever are given by the City of Sebastian that the selected proposer will be able to successfully negotiate a written development agreement with the Sebastian CITY COUNCIL, and neither is the City of Sebastian obligated or required to provide an executable development agreement. 1.5 MINIMUM REOUIREMENTS Each firm must satisfy the minimum requirements listed below to be considered. Firms that do not meet the minimum requirements as determined by the City, at its sole discretion. will be deemed non -responsive and not considered for award. All decisions made by the City are final. All Proposers must demonstrate the following: 1. Proposer, or at least one of its General Partners, must be operating as the same business entity for a minimum of five (5) years; and 2. Proven experience of successfully developing properties continuously for a minimum of five (5) years; and 3. Financial ability to provide the proposed redevelopment; and 4. No tax delinquency as an individual or member of a Corporation or Partnership; and 5. No unabated code violations for other properties within the City of Sebastian; and 6. No creation of a non -conforming use. IF 4 ✓ 0 1� Ld 82 of 195 Page 8 of 31 an RFP #23-08 HOME of PELICAN 15MD PURCHASE AND REDEVELOP 1215 INDIAN RIVER DRIVE SECTION 2 — PURCHASE AGREEMENT DETAILS Upon the City Council's acceptance of a proposal, the successful Proposer shall enter into a Purchase Agreement for the purchase of the property. A sample Purchase Agreement is included as Exhibit "CI: The Agreement will be subject to the following terms: 1) A Special Warranty Deed shall be prepared at the City's expense which states the City is conveying the Property in "as is" condition. A Title Commitment and/or Insurance shall be procured by the successful bidder, and obtained by said bidder within thirty (30) days after the effective contract date. Purchaser shall pay the cost thereof as well as the cost of any update. Purchaser shall have fifteen (15) days from the date of receiving said commitment of title to examine same. Failure of bidder to timely obtain title information shall not extend the time for closing. If title is found to be defective due to conditions or restrictions other than those set forth herein, Purchaser shall, within said period, notify the City Attorney in writing, specifying the defects. If the said defects, other than those set forth herein, and that the title was obtained by or through a tax deed, render the title unmarketable, the City shall have one hundred twenty (120) days from receipt of such notice to cure the defects, and if after said period the City shall not have cured the defects, Purchaser shall have the option of (1) accepting the title as it then is, or (2) demanding a refund of all monies paid hereunder which shall forthwith be returned to Purchaser, and thereupon the Purchaser and the City shall be relieved of all further obligations. 2) An updated survey of the property, if desired, shall be obtained and paid for by the Purchaser. 3) State documentary stamps on the deed shall be paid by the Purchaser. 4) Certified, confirmed and ratified special assessment liens shall be paid by the City at the time of closing. The City represents that there are no pending liens at this time affecting the property which have been made by the City and to the best of its knowledge, there are no other pending liens affecting the property. However, if at the time of closing there shall be new or future pending liens, Purchaser shall assume the same. 5) The Purchaser shall pay the cost of recording the deed. 6) The Purchaser shall pay the cost of his/her, or its own attorneys and any title commitment and/or insurance. 7) The deposits will be in good faith and will be deducted from the amount proposed to purchase property to determine balance due at closing. Ten (10) business days following City Council approval of the negotiated Purchase Agreement, selected Purchasers deposits are non-refundable. 8) Closin! shall be done by a Closine Aa_ ent. raid by the Purchaser, and take place within ninety (90) days from the date of the Agreement, in the office of the City Attorney or Closing Agent's Office. The time for closing shall be extended as may be deemed necessary by the City. Should closing not occur within the time frame or any extensions granted, the City has the right but not the obligation to terminate any and all agreements and retain the property or rebid the property. 9) The successful Proposer if financing must obtain financing within fifteen (15) days following City Council approval of the negotiated Purchase Agreement, and evidence shall be provided to the City that financing has been obtained. If evidence is not provided within the fifteen (15) day time period, the City has the right to either provide an additional ten (10) working days extension, or terminate the process and move to the next preferred applicant. 10) It is understood and agreed that the terms of the RFP documents, proposal submission with proposed use and Purchase Agreement survives after Closing. The Purchase Agreement shall survive the conveyance of title, particularly with respect to any act or event which may take place after such conveyance and which affects the rights of the parties hereto. 11) The City has not employed any Real Estate Brokers in connection with the sale of the property being offered herein, nor is it in any way liable or responsible for any real estate brokerage or other similar commission claimed as the result of any sale made of the property herein offered. 83 of 195 Page 9 of 31 CMof S RFP #23-08 HOME Of PEUCM ISLAND PURCHASE AND REDEVELOP 1215 INDIAN RIVER DRIVE SECTION 3 — PROPOSAL FORMAT & REQUIREMENTS The Proposal shall be limited to no more than twenty (20) naees (NOT including the required forms listed in Section 3.9.) Any responses exceeding twenty (20) pages, NOT including the required forms, will be considered non -responsive and not considered for award. You are expected to use Tabs dividing each section (tabs will not be included/counted in the twenty (20) pages). 3.1 COVER LETTER Proposer shall submit a letter of interest signed by an authorized representative that can contractually obligate and bind the firm. The Proposer or authorized representative is attesting that the information provided is current and factual. The letter shall include: • Date • Proposers Information (history, length of existence & business structure) • Representatives Contact. Information (telephone number and email address) • Proposer's federal taxpayer identification number • Confirmation of Proposer meeting ALL minimum requirements listed above in Section 1.5. • Type of ownership, if applicable (small business, small disadvantaged business or women -owned business) • A detailed description of the nature and status of any pending or completed litigation claims made, contract disputes, alleged defaults and liens arising in connection with the performance of any services by your company or by current or former members of your firm, within the last three years. If proposer intends to utilize subcontractors or sub -consultants, provide similar information for the subcontractors/sub-consultants. 3.2 TABLE OF CONTENTS Include a clear identification of the materials included in the Proposal by numbering them and providing the proper page number. QUALIFICATIONS (TAB 1) 3.3 PROPOSER QUALIFICATIONS • A detailed summary of the developer's experience in the acquisition and development of CWR or mixed -use development. • A brief description of at least three (3) most comparable projects that has been successfully developed. Provide the name, address, photographs, and references. NOTE: The use of past project photos, renderings and graphics are highly encouraged. 3.4 TEAM QUALIFICATIONS • Team members and credentials • Include information for the proposed Master Planner, Architect, or Contractor for the project • Provide up to two comparable projects undertaken, as part of this team or separately by each professional. (Note which projects the professional consultants and contractors provided the services on behalf of the Proposer). • Team credentials include, but are not limited to, specialized qualifications, education and experience. Brief background outlining relevant work performed within the last five (5) years. Provide the Florida registration numbers of professional personnel. Resumes shall not exceed one (1) page per person, if applicable. PROPOSED USE (TAB 2) 3.5 PROPOSED USE OF SITE • Describe the proposed use of the site. 84 of 195 Page 10 of 31 RFP #23-08 HOME OF PELICAN ISLAND PURCHASE AND REDEVELOP 1215 INDIAN RIVER DRIVE • Include conceptual plans, elevations, renderings, etc. Anticipated square footage per use, estimated parking counts, and number of stories in proposed structures, if applicable. • A conceptual site development plan, drawn to scale, evidencing that the plan will satisfy current zoning requirements for a "Commercial/Mixed-Use building type, to the extent that a development agreement is approved, and the planning objectives of the Sebastian CRA Master Plan, and overlay performance criteria. • Colored renderings of the site and front, back and side elevations of building (s) and decorative structures such as hardscape features and entrance signs. • Describe the organization and future plans of the proposed end users of the site; include information on past and future business operations of the user. Provide market -based data supporting demand and feasibility as well as estimated rental rates/sales prices (if applicable). 3.6 PROPOSED COMPLETION TIME • Describe proposed completion time for this redevelopment, outline time frames for site planning, permitting, construction, etc. FINANCIAL REOUIREMENTS (TAB 31 3.7 FINANCIAL ABILITY • Provide sufficient evidence of having, or the ability to secure within fifteen (15) days of award, financial resources to complete the proposed project in a timely fashion and provide long-term financial support to the project after built. • Fundinv Mechanism. Explain the proposed funding mechanism amount (i.e. bow the redevelopment will be funded) timeframe and terms. The applicant is responsible for all building and other permits and fees which are associated with the proposed project unless otherwise contractually noted. Prospective bidders may submit bank documents that support their application. • Reauestcd Waivers. A summary of any relief to be proposed from the Land Development Code or the Riverfront Overlay District for items such as building size, height, coverage, material finishes, parking requirements, or landscaping; or a summary of any relief to be proposed from fees associated with site plan review of the property. • Proposed Purchase Price. A summary statement of the proposed purchase price for the subject property. NOTE: This evidence can be shown by the Proposer's audited or compiled financial statements, or signed letters from banks or equity sources with verifiable funds to complete the project. Such letters must be on bank or equity source letterhead and include details of the financial entity's experience in working with the Proposer on similar - sized or larger projects and their willingness to consider funding the proposed project subject to successful negotiations and due diligence. 3.8 CONFIDENTIAL INFORMATION: Pursuant to section 119.071, Florida Statutes, any financial statements that the City requires to be submitted may be exempt from the Public Records Law. Therefore, any submitted financial statements that the Proposer wishes to remain confidential shall be submitted in a sealed opaque envelope and marked "Confidential Financial Statement Enclosed." By submission of a response to this RFP the proposer agrees to indemnify and hold the City harmless should any information marked as confidential knowingly or unknowingly be released as the result of a public records request. REOUIRED FORMS (TAB 4) 3.9 FORMS All Forms required by the RFP shall be fully executed by the Proposer and submitted. Refer to Section 6. 85 of 195 Page 11 of 31 RFP #23-08 Afl Y HOME OF PEUCAN ISLAND PURCHASE AND REDEVELOP 1215 INDIAN RIVER DRIVE SECTION 4 — EVALUATION PROCESS Durine the evaluation nrocess and until an award has been made by City Council, Proposers are prohibited from discussine anvthine concernine this RFP with Citv staff. anv member of the Evaluation Committee or Citv Council. 4.1 EVALUATION CRITERIA The City reserves the right to reject any and all proposals, or to accept any proposal or portion thereof deemed to be in the best interest of the Citv, and to waive any non -substantial irregularities. rWA The Best Value Evaluation System is a subjective process that reviews all proposals to determine which proposal provides the best value to the City. The establishment, application and interpretation of the evaluation criteria below shall be solelv within the discretion of the Citv. Weight for each criterion is shown below. Evaluators will be responsible for giving a score (0-4), see Scale below for point determination. Scale 0 (0%) — Non -Responsive 1 (25%) — Missing/Lacking/Insufficient Evidence Provided 2 (50%) — Partial/Basic Evidence Provided 3 (75%) — Sufficient/Adequate/Appropriate Evidence Provided 4 (100%) -- Exceeds/Outstanding/High Level Evidence Provided Company & Team Qualifications (I0 POINTS) - Years of experience, past projects and credentials will be considered. Proposed Use & Completion Time (10 POINTS) - The site lies within the CWR zoning district, which allows for a variety of both commercial and residential uses. A specific timeline and schedule must be included, with additional considerations given for economic and taxable values based on the proposed use. Financial Ability (15 POINTS) - Demonstrate the ability to finance, as well as promote the likelihood of future viability with the proposed site. Conforms to Master Plan and District Overlays (30 POINTS) - Specific redevelopment shall meet the goals and objectives found in the CRA Master Plan and the Riverfront Overlay District guidelines. Purchase Price (35 POINTS) The following attachments can be found at httns://weblink. citvofseb astimi. orv-/W eb Link/Bro wse.asnx? id=23 613 7&dbid=0&repo=City: • City of Sebastian's Community Redevelopment Master Plan • City Comprehensive Plan 2040 • CWR Zoning District • Riverfront Overlay District Regulations 86 of 195 Page 12 of 31 0Y 5EBAST.IANRFP #23-08 HOME of rEucnN ISMD _ PURCHASE AND REDEVELOP 1215 INDIAN RIVER DRIVE 4.2.1 All proposals submitted on time will first be reviewed by the Procurement Division to determine responsiveness to confirm minimum requirements are met. 4.2.2 The CRA Board shall act as the Evaluation Committee and independently review and evaluate all responsive proposals received based on the criteria above and discuss their evaluation at the initial Evaluation Committee Meeting. With consensus of the Evaluation Committee, either a recommendation for award will be made to City Council or a request for the top ranked firms to give oral presentations may be made. The City reserves the right, at its sole discretion, to waive immaterial irregularities in proposals if in the best interest of the City. The City reserves the right to determine, at its sole discretion, whether the criterion is satisfactorily met based on the Scale established in this RFP. The City reserves the right to seek clarification from any Proposer(s). 4.3 AWARD The purpose of this RFP is to award one (1) Purchaser, to purchase the referenced property mentioned above in Section 1. L, Scope of Services. It is most common, not guaranteed, that the Proposer(s) who scores the highest number of points will be recommended to City Council for award. The City reserves the right to acceptor reject any or all proposals deemed as not responsive. The City reserves the right to cancel this RFP and re -solicit or not re -solicit as determined to be in the City's best interests. SECTION 5 — GENERAL CONDITIONS 5.1 CONE OF SILENCE Potential Proposers shall not communicate in any way with City staff, CRA Board or the City Council other than the primary contact listed herein. This restriction shall be effective from the time of advertisement until an award is made by the City Council. Such communication may result in disqualification. 5.2 ADDENDA Addenda may be issued in response to any inquiry received by the Question/Answer deadline date and time specified herein or to provide revisions, additions, deletions, clarification, etc. Addenda shall become part of and have precedence over anything shown or described otherwise. If not mentioned in the addenda, all other documents, specifications, drawings, terms and conditions remain the same. It is the Proposer's responsibility to ensure receipt of all addenda and acknowledge all addenda issued. Where there appears to be a conflict between Solicitation and any addenda, the last addendum issued shall prevail. 5.3 CONFIDENTIAL INFORMATION Pursuant to Section 119.071, Florida Statutes, if there is any of the information contained in a response that a Proposer feels is "confidential" and exempt from the Public Records Law (i.e. financial statements), the Proposer must in the response specifically identify the material which is deemed to be exempt and cite the legal authority for the exemption, otherwise, the City will treat all materials received as public records. Therefore, any submitted financial statements that the Proposer wishes to remain confidential shall be submitted in a sealed opaque envelope and marked "Confidential Financial Statement Enclosed." By submission of a response to this RFP the proposer agrees to indemnify and hold the City harmless should any information marked as confidential knowingly or unknowingly be released as the result of a public records request. 5.4 QUESTIONS AND/OR REQUESTS FOR CLARIFICATION Any questions and/or requests for clarification regarding this Solicitation shall be submitted in writing to the Procurement/Contracts Manager via email at dwixon(&citvofsebastian.ora. Proposers must clearly understand that the only official answer or position of the City will be the one issued by the Procurement/Contracts Manager via an Addendum. The Solicitation number and title shall be referenced on all correspondence, include locating information for each question in order to ensure that questions asked are responded to correctly. All questions must be received no later than the time and date specified in the RFP. All responses to questions/clarifications will be published in the form 87 of 195 Page 13 of 31 Onor :;il�jg RFP #23-08 HOME OF PEUCAN ISLAND PURCHASE AND REDEVELOP 1215 INDIAN RIVER DRIVE of an Addendum. NO QUESTIONS WILL BE RECEIVED VERBALLY OR AFTER DEADLINE STATED HEREIN. Addendum(s) will be made available on the City's website, DemandStar.com and VendorLink.com and it is the Proposer's sole responsibility to assure receipt of all (if any) Addenda. 5.5 PROPOSALS NOT CONSIDERED Proposals not considered are late submissions, telegraphed, emailed or faxed proposals and proposals which do not conform to the instructions contained in the Request for Proposals. However, Proposals may be withdrawn by fax or email, provided that such notices are received prior to the Solicitation Opening date and time and confirmed by a telephone call. 5.6 LATE PROPOSALS Late Proposals will not be opened. Proposers have the option of picking up or paying for the mailed return of the unopened Proposal. If this option is not exercised within five (5) days of the solicitation due date, the late unopened Proposal will be disposed. 5.7 PROPOSAL GUARANTEE The Proposer warrants that the unit prices, terms, and conditions quoted in the proposal will be firm for acceptance for a period of not less than one -hundred twenty (120) days from the solicitation opening date. Such unit prices, terms and conditions will remain firm for the contract period. 5.8 SEALED PROPOSALS Proposals shall be enclosed in a sealed envelope which shall show (lower left comer) the Proposer's name and address, RFP number and title, along with the solicitation due date and time. The Proposal shall be submitted no later than the solicitation due date and time mentioned on the Request for Proposal. The City may choose whether to open any proposals that are not clearly marked at the City's sole discretion and will not be held responsible for not opening any Proposals that are not clearly marked. Proposals shall be handwritten or typed with (black or blue) ink. Any erasures or corrections must be initialed by the Proposer in blue ink. Handwritten submissions must be legible. Proposals shall be submitted to City Hall, 1225 Main Street Sebastian, FL 32958. Proposals that are submitted to other locations or delivered to the wrong location may not be considered. It shall be the sole responsibility of the proposer to ensure their proposal is at the proper location and at the time specified in the proposal documents. 5.9 RFP OPENING Proposers are welcome to attend the solicitation opening; however, attendance is not mandatory. Proposals shall be opened and publicly announced on the date, time and location specified on the Request for Proposal, unless otherwise stated in the form of an addendum. Proposals received will be posted within thirty (30) business days to DemandStar.com, Vendorlink.com and the City's website. 5.10 PROPOSAL EXAMINATION In accordance with Chapter 119, Florida Statutes, solicitation files will be made available for public inspection at the time the City posts notice of its decision or intended decision concerning contract awards, or thirty (30) days after the solicitation opening, whichever is earlier. Solicitation files may be examined during normal working hours, by appointment only, by contacting the City Clerk's office at 772-589-5330. 5.11 INDEMNIFICATION/HOLD HARMLESS The CONTRACTOR shall indemnify, defend and hold harmless the CITY, and its officers and employees, from all claims, demands, liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the CONTRACTOR and other persons employed or utilized by the CONTRACTOR in the performance of the agreement; regardless of the negligence of the indemnitee or its officers, directors, agents, or employees. However, such indemnification shall not include claims of, or damages resulting from, gross negligence, or willful, wanton or intentional misconduct of the indemnitee or its officers, directors, agents or employees. Upon request of the CITY, the CONTRACTOR shall, at no cost or expense to the CITY, indemnify and hold the CITY harmless of any suit asserting a claim for any loss, damage or liability specified above, and CONTRACTOR shall 88 of 195 Page 14 of 31 CM RFP #23-08 HOME OF PELICAN ISLAND PURCHASE AND REDEVELOP 1215 INDIAN RIVER DRIVE pay any cost and reasonable attorneys' fees that may be incurred by the CITY in connection with any such claim or suit or in enforcing the indemnity granted above. Nothing in this agreement shall be construed as the CITY waiving its sovereign immunity pursuant to 768.28, et seq., Florida Statutes, or any other sovereign or governmental immunity. This provision shall survive the termination of this bid. 5.12 REJECTION OF PROPOSALS The City reserves the right to reject any and all Proposals, to waive any and all informalities not involving price, time, or changes in the work, and to negotiate contract terms and conditions with the top ranked Proposer IAW F.S. 287.055(5), and the right to disregard all non -conforming, non -responsive, imbalanced, or conditional Proposals. More than one Proposal from an individual, furn or association under same or different names, will not be considered. Any or all Proposals will be rejected if there is reason to believe that collusion exists among the Proposers, and no participants in such collusion will be considered in future Proposals for the same work. 5.13 CORRECTIONS. CANCELLATION. & WITHDRAWAL Proposers may be asked to provide further information after the solicitation opening to determine the responsibility of the vendor. 5.13.1. Waiver of Technicality: Information shall not be considered after the bid opening if it has been specifically requested to be provided with the Proposal as this becomes a matter of responsiveness. The Proposal shall be considered responsive if it substantially conforms to the requirements of the RFR The City may waive any informality, technicality, or irregularity on any bid. A minor or non -substantive lack of conformity may be considered a technicality or irregularity which may be waived by the City. 5.13.2. Mathematical Errors: Errors in extension of unit prices or in mathematical calculations may be corrected. In cases of errors in mathematical computations, the unit prices shall not be changed. 5.13.3. Cancellation or Postponement: The City may cancel or postpose the solicitation opening or cancel the RFP in its entirety prior to award. 5.13.4. Withdrawal: Prior to any published bid opening date and time, a Proposer may withdraw his or her Proposal in writing. A fax or email is permitted for this purpose, provided it is confirmed by a telephone call. 5.13.5. Amendments: Prior to the published Solicitation Opening date and time, a Proposer may amend the Proposal provided that it is in writing, in a sealed envelope, and identified. 5.14 EXCEPTIONS TO SPECIFICATIONS Request for exceptions to the specifications shall be listed in the proposal and shall reference the section. Any exceptions to the General or Special Conditions may be cause for the proposal to be considered non -responsive. 5.15 SUBCONTRACTORS AND EMPLOYEES The Proposer is required to identify any and all Sub -consultants and/or suppliers and/or material men that will be used in the performance of the proposed Agreement and to clearly identify in their Proposal the percentages of Work to be performed by their Sub -consultants. 5.16 RFP AWARD The contract/agreement will be awarded to the most responsive and responsible Proposer(s) whose proposal, conforming to the specifications and terms the City considers is most advantageous. The Procurement/Contracts Manager shall issue a Notice of Award to the successful Proposer and post the results on the City's website and DemandStar. 5.17 WAIVER OF IRREGULARITIES The City may waive minor informalities or irregularities in Proposals received where such is merely a matter of form and not substance, and the correction or waiver of which is not prejudicial to other Proposers. Minor 89 of 195 Page 15 of 31 ahor S RFP #23-08 HOME OF PELICAN ISLAND PURCHASE AND REDEVELOP 1215 INDIAN RIVER DRIVE irregularities are defined as those that will not have an adverse effect on the City's interest and will not affect the price or terms of the Proposal by giving a Proposer an advantage or benefit not enjoyed by other Proposers. 5.17.1. In no event will any such elections by the City be deemed to be a waiving of the required criteria for the requested services. 5.17.2. The Proposers who are selected for the Project will be required to fully comply with the Project criteria, regardless that the Solicitation may have been based on a variation, 5.17.3. Proposers shall identify separately all innovative aspects as such in the technical Solicitation. Innovation should be limited to Proposers means and methods, approach to Project, use of new products, and new uses for established products. 5.18 COUNCIL MEETING The awarded Proposer must be available to attend City Council meetings, when required. The awarded Proposer must be prepared to answer any questions and/or provide a presentation if requested by City Council and/or authorized by City representative(s), The date and time of the City Council meeting will be publicly noticed. 5.19 SALES TAX Although the City of Sebastian is exempt from Federal and State Sales and Use taxes, Contractors or Vendors doing business with the City are not exempted from paying said taxes to their supplier for goods or services purchased to fulfill the contractual obligations with the City, nor shall any Contractor or Vendor be authorized to use the City's Tax Exemption Number in securing such materials. 5.20 TERMINATION FOR CAUSE OR CONVENIENCE - The agreement resulting from this RFP can be terminated immediately for cause if Contractor is found to have failed to perform services in a manner satisfactory to the City; or for convenience upon thirty (30) days' written notice to the Proposer. In the event of either termination, the Proposer shall be compensated for all services performed to the City's satisfaction. The City shall be sole ,judge of non-performance. 5.21 DISCRIMINATION The Proposer shall not practice or condone personnel or supplier discrimination of any nature whatsoever, in any manner proscribed by Federal or State of Florida laws and regulations. The City of Sebastian will not knowingly do business with vendors, proposers, or contractors who discriminate on those protected by state and federal law. Through the course of providing services to the City, Proposers/Contractors shall affirmatively comply with all applicable provisions of Title VI of the Civil Rights Act of 1964, the Civil Rights Restoration Act of 1987 and the Florida Civil Rights Act of 1992, as well as all other applicable regulations, guidelines and standards. Any person who believes their rights have been violated should report such discrimination to the City. 5.22 PUBLIC RECORDS Section 119.01 Florida Statutes, The Public Records Law, provides that municipal records shall at all times be open for personal inspection by any person. Information and materials received by the City in connection with all Proposers' responses shall be deemed to be public record subject to public inspection and copying at the time the City posts notice of its decision or intended decision concerning contract awards, or thirty (30) days after the solicitation opening, whichever is earlier. IF THE PROPOSER/CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT JEANETTE WILLIAMS, THE CITY CLERK AND CUSTODIAN OF PUBLIC RECORDS AT 772-388-8215 I EMAIL iwilliams rr,citvofsebastian.ora CITY OF SEBASTAIN, 1225 MAIN STREET, SEBASTIAN, FLORIDA 32958. 90 of 195 Page 16 of 31 o ACM p STIA y' • RFP #23-08 HOME OF PELICAN ISLAND PURCHASE AND REDEVELOP 1215 INDIAN RIVER DRIVE 5.23 PUBLIC MEETING EXEMPTIONS In accordance with Fla. Stat. §286.0113, any portion of a meeting in which (1) negotiations with a vendor is conducted as part of the "competitive negotiation" process AND/OR (2) a vendor makes an oral presentation or answers questions as part of the "competitive solicitation" process, are exempt from public meeting requirements The City will post notice of its decision or intended decision concerning contract awards, or thirty (30) days after the solicitation opening, whichever is earlier. Any portion of a committee meeting at which negotiation strategies are discussed is exempt. A complete record shall be made of any portion of an exempt meeting; no portion may be held off the record. The recording of and any records presented at the exempt meeting are exempt from Fla. Stat. § 119.071 until such time as the City posts notice of its decision or intended decision concerning contract awards, or thirty (30) days after the solicitation opening, whichever is earlier, at which point the complete record becomes public and subject to Section 119.01 Florida Statute, The Public Records Law. 5.24 PROTEST PROCEDURE Any Bidder/Proposer who is aggrieved in connection with a competitive selection process may protest to the Procurement/Contracts Manager. The protest shall be submitted in writing within three (3) calendar days after the Bidder/Proposer knows or should have known of the facts giving rise to the protest. Failure of the Proposer to file a timely formal written Protest within the specified time period shall constitute a waiver by the Proposer of all rights to Protest. The formal written Protest must provide documentation which shall specify in detail the nature of the grievance and the grounds upon which any relief, modification or change is based. If the protest is not resolved by mutual agreement or if the protestor disagrees with the decision of the Procurement/Contracts Manager, the protestor may appeal the decision to the City Manager and/or City Council, within seven (7) calendar days of initial decision. Stav of Procurement — In the event of a timely and properly filed protest, the Procurement/Contracts Manager shall not proceed further with the solicitation or award until all administrative remedies have been exhausted, or until the City Manager or City Council, as appropriate, makes a determination on the record that the award of a contract is necessary to protect substantial interests of the City. SECTIONS BELOW REFERENCED ON FORM F - NOTIFICATIONS AFFIDAVIT 5.25 CONFLICT OF INTEREST The resulting agreement is subject to the provisions of Chapter 112, Florida Statutes. All Proposers/Contractors/Consultants must disclose within their bid/proposal to the City of Sebastian the name of any officer, director, or agent who is also an employee of the City of Sebastian (hereinafter the "City"). Furthermore, all Proposers/Contractors/Consultants must disclose the name of any City employee who owns, directly or indirectly, an interest of more than five percent (5%) in the firm of any of its branches. Please submit to the City all information on any potential conflict of interest related to provision of the goods or services requested in this Solicitation. The purpose of this disclosure is to give the City the information needed to identify potential conflicts of interest for evaluation by the team members and other key personnel involved in the award of this contract. The term "conflict of interest" refers to situations in which financial or other personal consideration may adversely affect, or have the appearance of adversely affecting, an employee's professional judgment in exercising any City duty or responsibility in administration, management, instruction, research, or other professional activities. 5.26 NO LOBBYING All Proposers/Contractors/Consultants or and its officers, partners, owners, agents, representatives, employees or parties in interest are hereby placed on notice that any communication, whether written or oral, with City of Sebastian elected officials or any other staff or outside individuals working with the City in respect to this request (with exception of the Procurement Division personnel designated to receive requests for interpretation or corrections) is prohibited. These persons shall not be lobbied, either individually or collectively, regarding any request for bid, proposals, qualifications and/or any other solicitations released by the City of Sebastian. To do so 91 of 195 Page 17 of 31 nx 5 RFP #23-08 HOME OFPEUCM15MD PURCHASE AND REDEVELOP 1215 INDIAN RIVER DRIVE is grounds for immediate disqualification from the selection process. The selection process is not considered final until such time as the CRA Board and City Council have made a final and conclusive determination. 5.27 NO COLLUSION Proposer/Contractor/Consultant and its officers, partners, owners, agents, representatives, employees or parties in interest, swears and attests that it is fully informed respecting the preparation and contents of the attached Solicitation, and of all pertinent circumstances respecting the provision of the goods or services to the City of Sebastian. The Proposal, offer or submittal being made is genuine and is not collusive or a sham. By submitting a response to this RFP, Proposer certifies that all information contained in the submittal is truthful to the best of their knowledge and belief. Proposer further certifies, under oath, that this submittal is made without any colluded, conspired, connived or agreed, directly or indirectly, with any other firm, person or corporation responding to this solicitation for the same product or service. 5.28 IMMIGRATION LAWS The City will not intentionally award City contracts to any Firm who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in an 8 U.S.C. Section 1324 a(e) (Section 274A (e) of the Immigration and Nationality Act ("INA"). Refer to E-Verify Acknowledgment in solicitation documents. 5.29 DRUG -FREE WORKPLACE In accordance with Florida Statute Section 287.087, Proposer/Contractor/Consultant certifies that the following: (1) A written statement is published notifying that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the workplace named above and specifying actions that will be taken against violations of such prohibition. (2) Employees are informed about the dangers of drug abuse in the work place, the firm's policy of maintaining a drug free working environment, and available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug use violations. (3) Employees are notified that as a condition of working on the commodities or contractual and will notify the employer of any conviction of, plea of guilty or nolo contendere to, any violation of Chapter 1893, or of any controlled substance law of the State of Florida or the United States, for a violation occurring in the work place, no later than five (5) days after such conviction, and requires employees to sign copies of such written (*) statement to acknowledge their receipt. (4) Requires the satisfactory participation in, a drug abuse assistance or rehabilitation program, if such is available in the employee's community, by any employee who is so convicted. (5) Makes a good faith effort to continue to maintain a drug free work place through the Implementation of the drug free workplace program. (5) Gives each employee engaged in providing commodities or contractual services that are under bid or proposal, a copy of the statement specified above. 5.30 PUBLIC ENTITY CRIMES A "public entity crime" as defined in Paragraph 287.133(l)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or Agreement for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. "Convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. 92 of 195 Page 18 of 31 RFP #23-08 p� or HOME OF PELICAN ISLAND PURCHASE AND REDEVELOP 1215 INDIAN RIVER DRIVE "Affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means: (1) A predecessor or successor of a person or a corporation convicted of a public entity crime, or (2) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime, or (3) Those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate, or (4) A person or corporation who knowingly entered into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months. Proposer certifies that neither the entity submitting, nor any of its officers, directors, executives, partners, shareholders, employees, members or agents who are active in management of the entity, nor any affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July 1,1989. Where the Proposer is unable to certify to all of the statement above, Proposer shall attach an explanation to this submittal. 5.31 DEBARMENT AND SUSPENSION Proposer certifies to the best of its knowledge and belief that it and its principals: a. Are not presently debarred, suspended, proposed for disbarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; b. Have not within a three-year period preceding this application been convicted of had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or Local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and d. Have not within a three-year period preceding this application had one or more public transactions (Federal, State or local) terminated for cause or default. e. Proposer must submit their Company Profile Page from SAM with their proposal. f. City of Sebastian will not make an award to parties listed on the government -wide exclusions in the System for Award Management (SAM). Where the Proposer is unable to certify to all of the statements above, Proposer shall attach an explanation to this submittal. 5.32 SCRUTINIZED VENDOR Proposer certifies under penalties of neriurv. as of the date of this solicitation to _provide goods and/or services to the City of Sebastian. that it: (I) Does not participate in a boycott of Israel; and (2) Is not on the Scrutinized Companies that Boycott Israel List; and (3) Is not on the Scrutinized Companies with Activities in Sudan List; and (4) Is not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; and (5) Has not engaged in business operations in Cuba or Syria. Submitting a false certification shall be deemed a material breach of contract. The City of Sebastian shall provide notice, in writing, to the Contractor of the City's determination concerning the false certification. The Contractor shall have ninety (90) days following the receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If the Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Florida Statute § 287.135. 93 of 195 Page 19 of 31 I'm14 RFP #23-08 HOME OF PELICAN ISLAND PURCHASE AND REDEVELOP 1215 INDIAN RIVER DRIVE Section 287.135, Florida Statutes, generally prohibits state agencies and departments, and local government entities from: 1) Contracting with companies for goods or services in any amount if at the time of bidding on, submitting a proposal for, or entering into or renewing a contract if the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215,4725, Florida Statutes, or is engaged in a boycott of Israel; and 2) Contracting with companies, for goods or services over $1,000,000.00 that are on either the Scrutinized Companies with Activities in Sudan List, or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473, Florida Statute, or have been engaged in business operations in Cuba or Syria. SECTION 6 — REQUIRED FORMS PROPOSAL CHECKLIST Please use the following checklist as a reference to confirm all requirements are met in your RFP Proposal. The bid shall be limited to no more than twenty (20) pages (NOT including required forms). Any responses exceeding twentv (20) vaaes. NOT including the required forms. will be considered non -responsive and not considered for award. You are expected to use Tabs dividing each section (tabs will not be included/counted in the twenty (20) pages). Cover Letter (Refer to Section 3.1) Table of Contents (Refer to Section 3.2) TAB 1 - QUALIFICATIONS Company Qualifications (Refer to Section 3.3) iTeam Qualifications (Refer to Section 3.4) TAB 2 - PROPOSED USE Proposed Use of Site (Refer to Section 3.5) Proposed Completion Time (Refer to Section 3.6) TAB 3 - FINANCIAL REQUIREMENTS Financial Ability (Refer to Section 3.7) TAB 4 - REQUIRED FORMS (Refer to Section 6) Contact Information Sheet — FORM A Addenda Acknowledgment — FORM B Proposed Purchase Price - FORM C Proposer's Disclosure -- FORM D E-Verify Acknowledgement — FORM E Notifications Affidavit — FORM F Minority, Women and Disabled -Owned Business Concern Representation — FORM G Please be advised that this checklist should not be interpreted as a comprehensive list of all information required by this Solicitation front prospective Bidders. It simply serves as a reference or guide far the most significant documents to be included in the bid and should be enhanced as deented necessary. It is solely the Bidder's responsibility to read and understand all requirements and adhere to all issued Addenda. 94 of 195 Page 20 of 31 RomM X RFP #23-08 LAME OF PELICAN ISLAND PURCHASE AND REDEVELOP 1215 INDIAN RIVER DRIVE MAILING LABEL Proposer must submit proposal in a sealed envelope/box/container: One (1) original proposal, including the deposit is required. Eight (8) copies of the proposal are required. One (1) USB with an electronic version is required. Cut along the outer border and affix this label to the sealed envelopetbox/container to identify the submission as a Sealed Proposal. SEALED RFP • DO NOT OPEN SOLICITATION RFP 23-08 #: I SOLICITATION ISale of City -Owned Property "1215 Indian Rive TITLE: rive" (Former Harbor Lights Motel) 14 DUE Friday, July 21, 2023 rr 2:00 PM EST DATE/TIME: SUBMITTED BY: Proposer's Name Proposer's Address Proposer's Address City of Sebastian ATTN: Procurement Division DELIVER TO: 1225 Main Street Sebastian, Florida 32958 95 of 195 Page 21 of 31 FORM A RFP #23-08 cm a SEBASTLAN HOME OF PELICAN ISLAND Proposals due by 2:00 PM EST on PURCHASE AND REDEVELOP 1215 INDIAN RIVER DRIVE CONTACT INFORMATION SHEET Friday, July 21, 2023 411 physical, in person submissions must be delivered or mailed to: City of Sebastian ATTN: Procurement Division 1225 Main Street Sebastian, Florida 32958 Check Addenda for revised due dates before submitting your Bid. Late Bids will not be accepted. SOLICITATION RELEASE NO.: DATE: RFP 23-08 05/22/2023 SOLICITATION TITLE: CONTACT: Don Wixon Procurement/Contracts Manager (772) 388-8231 Sale of City -Owned Property "1215 Indian River Drive" (Former Harbor Lights Motel) Firm's Name and "Doing Business As", if applicable: Address: City: Telephone No: E-Mail Address of Authorized Representative: MINIMUM REQUIREMENTS State: IFax No: Federal Tax Number: Identification Zip Code: Firms that do not meet the minimum requirements as determined by the City, at its sole discretion, will be deemed non -responsive and not considered for award (refer to page 6, Section 1.5). By placing a checkmark next to each requirement, Proposer is confirming the requirement is met. € Proposer, or at least one of its General Partners, must be operating as the same business entity for a minimum of five (5) years; and €Proven experience of successfully developing properties continuously for a minimum of five (5) years; and €Financial ability to provide the proposed redevelopment; and €No tax delinquency as an individual or member of a Corporation or Partnership; and BID/PROPOSAL CERTIFICATION I certify that I have carefully examined the RFP document and associated documents, including Addenda, accompanying or made a part of this solicitation. I further certify that all information contained in this proposal is truthful to the best of my knowledge and belief and that I am duly authorized to submit this proposal on behalf of the company named above and that the company is ready, willing, and able to perform if awarded. Printed Name Title The City reserves the right to reject any and all proposals, or to accept any proposal or portion thereof deemed to be in the best interest of the Citv, and to waive any non -substantial irregularities. Failure to fully complete and submit this Information Sheet may result in reiection of the submittal. 96 of 195 Page 22 of 31 IT, Lf FORM B RFP #23-08 HOME OF PELICAN ISLAND PURCHASE AND REDEVELOP 1215 INDIAN RIVER DRIVE ADDENDA ACKNOWLEDGEMENT Proposer's Name: Proposer shall indicate below all Addenda received. Acknowledgement confirms receipt and understanding of issued Addenda. Proposer understands that failure to acknowledge any addenda issued may cause their proposal to be considered non- responsive. To confirm the number of addenda (if any), Proposer may contact the Procurement Division at (772) 388-8231. ADDENDDUM # DATE RECEIVED 1 2 3 4 5 6 7 8 9 10 No Addenda was received in connection with this solicitation. Signature: Title: Print Name: Date: Failure to fullv comalete. sign and submit this Form may result in resection of the submittal 97 of 195 Page 23 of 31 FOM CRRFP #23-08 111 Y SEEN 41r- HOME OF PELICAN ISLAND PURCHASE AND REDEVELOP 1215 INDIAN RIVER DRIVE PROPOSED PURCHASE PRICE FORM herein called the Buyer(s), hereby offer(s) and agree(s) to purchase from the City of Sebastian, a Municipal Corporation, hereinafter called the City, at the price subject to the terms, conditions, reservations, restrictions, and covenants herein stated, (see attached(s)), and easements, encumbrances and other matters of record, and to all zoning, building or other Laws or Ordinances, the following described property. In order to constitute an acceptable offer to purchase, all information requested below must be provided. The form must be submitted with proposal. Proposer's Name: Proposer's Address: City, State, Zip: Phone Number: Email Address: Insert in the "Proposed Purchase Price" column, the total amount you agree to pay for the property. Entries must be typed or clearly printed in ink. Use of erasable ink is not permitted. Strikeovers, changes, and corrections by the Proposer must be initialed. Questionable entries will be rejected. ADDRESS PROPOSED PURCHASE PRICE 1215 Indian River Drive Sebastian, FL 32958 $ INTENDED USE (PLEASE n Residential I I Commercial ' I Mixed Use CHECK) J !! �r„II ! 1 PROPOSER'S ACKNOWLEDGMENT The Proposer understands that information contained on this Proposed Purchase Price Form is to be relied upon by the City of Sebastian in awarding the specified RFP, and such information is warranted by the Proposer understands that the City has the right to verify the information submitted and to seek any additional information relating to the Bidder's qualifications. The discovery of any misstatement, which in the sole opinion of the City materially affects the Proposer's qualifications to perform, shall cause the rejection of the Proposal, and if after the award, to cancel the sale of agreement. The Proposer acknowledges that the deed will include a clause stating that the property reverts to the City of Sebastian if substantial compliance with the provisions of the proposal is not met according to an agreed upon timeline. Signature: Print Name: Title: Date: Failure to fully complete. sien and submit this Form may result in reiection of the submittal 98 of 195 Page 24 of 31 ��1.� FORM D RFP #23-08 - HOME OF PELICAN ISLAND PURCHASE AND REDEVELOP 1215 INDIAN RIVER DRIVE PROPOSER'S DISCLOSURE FORM The undersigned certifies under oath the truth and correctness of all statements and all answers to questions made hereinafter. Additional sheets may be attached if required. Proposer's Name: Address: Contact Person: Title: Phone No.: Email Address: Federal Identification No.: This Business is: {) An Individual ( ) A Partnership ( ) A Corporation Proposer's License No., if applicable: *Attach certificate of status, competency, and/or state registration (1) Has your firm or any of its officers, received a reprimand of any nature or been suspended by the Department of Professional Regulations or any other regulatory agency or professional association within the last five (5) years? YES F NO (2) Has your firm, or any member of your firm, been declared in default, terminated or removed from a contract or job related to the services your firm provides in the regular course of business within the last five (5) years? YES NO (3) Has your firm had against it or filed any request for equitable adjustment, contract claims, bid protest, or litigation in the past five (5) years that is related to the services your firm provides in the regular course of business? YES ❑ NO (4) Describe each affiliation or business relationship with an employee, board member, elected official(s) or an immediate family member of any such person of the City of Sebastian. If none, write NONE. (5) Describe ANY other affiliation or business relationship that may cause a conflict of interest. If none, write NONE. If yes, state the nature of the request for equitable adjustment, contract claim, litigation, or protest, and state a brief description of the case, the outcome or status of the suit and the monetary amounts or extended contract time involved. a ■ ■ a ■ it a ■ ■ a ■ ■ a a ■ a ■ ■ \ ! ■ • ■ ■ ■ ■ ■ a ■ ■ a a ■ ■ ■ ■ a ■ ■ ■ a ■ ■ ■ ■ ■ ! ■ ■ ■ ■ ■ a ■ ■ ■ a ■ ■ ■ f ■ ■ ■ a ■ a ■ R ■ ■ a a a f ■ ■ a ■ ■ ■ ■ ■ ■ ■ ■ ■ a ■ ■ 1 CONTINUED NEXT PAGE 99 of 195 Page 25 of 31 RFP #23-08 HOME OF PELICAN ISLAND PURCHASE AND REDEVELOP 1215 INDIAN RIVER DRIVE I hereby certify that all statements made are true and I agree and understand that any misstatement or misrepresentation or falsification of facts shall be cause for forfeiture of rights for further consideration of this proposal for the City of Sebastian. Signature Date Failure to fully complete, sisn and submit this Disclosure may result in resection of the submittal 100 of 195 Page 26 of 31 .m f SEBATM HOME OF PELICAN ISIANQ FORM E RFP #23-08 PURCHASE AND REDEVELOP 1215 INDIAN RIVER DRIVE E-VERIFY ACKNOWLEDGMENT Effective January 1, 2021, public and private employers, contractors and subcontractors will be required to register with, and use the Employment Eligibility Verification System (E-Verify) to verify the work authorization status of all newly hired employees. The E-Verify system can be obtained at the U.S. Department of Homeland. Security website: htti)://www/dhs.i!ov/E-Verifv, "Contractor" means a person or entity that has entered or is attempting to enter into a contract with a public employer to provide labor, supplies, or services to such employer in exchange for salary, wages, or other remuneration (also referred to as Vendor or Consultant). "Subcontractor" means a person or entity that provides labor, supplies, or services to or for a contractor or another subcontractor in exchange for salary, wages, or other remuneration (also referred to as Sub -Vendor or Sub -Consultant). Vendor/Consultant/Contractor acknowledges and agrees to utilize the U.S. Department of Homeland Security's E-Verify System to verify the employment eligibility of: ■ All persons employed by Vendor/Consultant/Contractor during the term of the contract, (including assigned sub- vendors/sub-consultants/sub-contractors), to perform employment duties within Florida and any work in pursuant to the contract with the City. By entering into a contract with the City, the Proposer/Contractor/Consultant becomes obligated to comply with the provisions of Section 2. Section 448.095, Fla. Stal., "Employment Eligibility," as amended from time to time. This includes, but is not limited to, utilization of the E-Verify System to verify the work authorization status of all newly hired employees, and requiring all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an unauthorized alien. The contractor shall maintain a copy of such affidavit for the duration of the contract. Failure to comply will lead to termination of resulting contract, or if a subcontractor knowingly violates the statute, the subcontract must be terminated immediately. Any challenge to termination under this provision must be filed in the Circuit Court of Indian River County, Florida no later than 20 calendar days after the date of termination. If the resulting contract is terminated for a violation of the statute by the Contractor, the Contractor may not be awarded a public contract for a period of I year after the date of termination. I hereby acknowledge and agree that use of the U.S. Department of Homeland Security's E-Verify System during the term of the contract is a condition of the resulting contract with the City of Sebastian. Company Name: Authorized Name: Title: Signature: Date: Proposer must submit their Companv Profile Page from E-Verifv with their bid. of*�;*�Y:P�Fkk�Yk3c*e4�kaF�k9r**4tak7xr*�F**ir**a'r�F***9r�ede*4e*�k9tek***k**�k�r*�+r9e7p9r71c*****�E**4c*�r*ir****�+rdeeF9e*9r*9r:kir�c***9rk�Fr.:k9r�F*�F State of County of This instrument was acknowledged before me on [Notary Seel] (Date) Notary Public Signature Failure to fully complete. sign and submit this Affidavit may result in resection of the submit 101 of 195 Page 27 of 31 °WN FORM SEBASF RFP #23-08 HOME OF PELICAN ISIAND PURCHASE AND REDEVELOP 1215 INDIAN RIVER DRIVE NOTIFICATIONS AFFIDAVIT I, (Print Authorized Name) (Title) of (Company Name) affirm that I read and understand, as well as accept all requirements and regulations listed in sections 4.27 — 4.35 of the above referenced solicitation document to include the following notifications: • Conflict of Interest • No Lobbying • No Collusion • Immigration Laws • Drug -Free Workplace • Public Entity Crimes • Debarment and Suspension, Proposer must submit their Compativ Profile Pate from SAM with their bid. * Scrutinized Vendor • Performance Evaluation Signature: Date: State of County of The foregoing Affidavit was acknowledged before me on (DATE). [Notary Seal] Notary Public Signature Failure to fully complete. sign and submit this Affidavit may result in reiection of the submittal 102 of 195 Page 28 of 31 an T FORM G I RFP #23-08 140ME OF PELICAN 15MV PURCHASE AND REDEVELOP 1215 INDIAN RIVER DRIVE MINORITY. WOMEN and DISABLED -OWNED BUSINESS CONCERN REPRESENTATION Minority -Owned Business: a minority -owned business concern means a business concern that: (1) is at least 51 percent unconditionally owned by one or more individuals who are considered to be a member of a minority group, or a publicly owned business having at least 51 percent of its stock unconditionally owned by one or more members of a minority group; and (2) has its management and daily business controlled and operated by one or more such individuals. Individuals who certify that they are members of minority groups (African Americans, Hispanic Americans, Native Americans, Asian -Pacific Americans, Asian -Indian Americans, and other minorities) are to be considered minority -owned enterprises. Women -Owned Business: a business that is at least 51 percent owned by a woman or women who also control and operate it. Disabled Owned Business: a business that is at least 51 percent owned by a person or persons with severe physical or mental disabilities, which substantially limits one or more of the person's major life activities and which person or persons control, and operate such business, "Control" in this referenced context means exercising the power to make policy decisions. "Operate" means being actively involved in the day- today management of the business. The City of Sebastian shall rely on written representations of concerns regarding their status as minority/women/disabled-owned businesses. Proposer agrees to submit information regarding the minority ownership of its subcontractors on request. COMPLETE THE SECTION BELOW AND RETURN THIS FORM WITH BID. FAILURE TO DO SO MAY RENDER THE OFFEROR'S BID UNACCEPTABLE. A. Representation. The Proposer represents that it is O, is not ( ) a minority -owned business concern. B. Representation. The Proposer represents that it is O, is not ( ) a women -owned business concern. C. Representation. The Proposer represents that it is { ), is not ( ) a disabled -owned business concern. Please Check Annrovriate Box/Boxes € African American€ Caucasian (CAUC) € Native American (NAAM) (AFRAM) € Hispanic American€ Asian -Pacific American (ASIAP) € Asian Indian (ASIAI) (HISP) American € Other, please identify: € Woman Owned (W) € Disabled Owned (D) The Proposer has 11/ has not [] used the following procedures in searching for and obtaining suppliers and subcontractors: • Place Minority -Owned Businesses on solicitation lists. • Ensure that Minority -Owned are solicited whenever they are potential sources. • Consider contracting with consortia of Minority -Owned Businesses when an intended contract is too large for any one such firm to handle on its own or, if economically feasible, divide larger requirements into smaller transactions for which such organizations might compete. • Make information on contracting opportunities available and establish delivery schedules that encourage participation by Minority Owned Businesses. • Use the services and assistance of the SBA and Department of Commerce Minority Business Development Agency, as appropriate. 103 of 195 Page 29 of 31 an Lf ` SE SAM. HOME OF PELICAN ISLAND Company Name Address Prone # RFP #23-08 PURCHASE AND REDEVELOP 1215 INDIAN RIVER DRIVE City Zip State Email Address FEIN # Signature of Company Official Print Name Date 104 of 195 Page 30 of 31 CMLY SWASTL4N RFP #23-08 HOME Of PEuCAN ISLAND PURCHASE AND REDEVELOP 1215 INDIAN RIVER DRIVE SOLICIATION INFORMATION FORM Please submit this form to assist us in learning more about how our solicitation opportunities are most often found. Company's Name: Company Address: Phone No: Please tell us how you found out this Request for Proposals was released/available (mark all that applies): Indian River Press Journal (TCPahn) DemandStar/Onvia City of Sebastian Web Site Other (please specify below) 105 of 195 Page 31 of 31 EXHIBIT A PROPERTY INFORMATION AND SURVEY 106 of 195 3120180023210 RECORDED IN THE RECORDS OF JEFFREY It. SMITH, CLERK OF CIRCUIT COURT INDIAN RIVER CO FL BKt 3108 FG: 1758, 4/171201812:20 PM D DOCTAX PD $5,250.00 Sa ro.0 Sag fob ag5 PretwW by and return to: Rebecca F. Emmons Rossway Swan Tierney Barry Lacey & Oliver P.L. 2101 Indian River Blvd. Ste 200 Vero Beach, FL 32960 772-2314440 File Number: 48010-OM (Space Above This tine For ltc=dirig Dana Trustee's Deed This Warranty Deed made this j3 day of March, 20111, between Ruth I. Sullivan, individually and as Trustee of the Ruth L Sullivan Revocable Living Trust u/a dated August 27,1997 as amended and restated, whose post office address Is 1213 Indian River Drive, Sebastian, FL 32958, Grantor, and City of Sebastian, a municipal corporation of State of Florida, whose post office address is 1225 Main Street, Sebastian, FL 32958, Grantee: (whuxver owed herein the t:aars "(creator' and "Grarttoe" include all the parties to this inatrurnaut and the heirs, legal ,,,, N ., .. ,: and assigra of individuals, and the successors and assigns ofeorpordlma, trusts and trustees) Witllesselik that said Grantor, for and in consideration of the sum of Ten and no/100 (S10.00) Dollars and other valuable considerations, the receipt of which is hereby adimowledged, hereby grants, bargains, sells, alienates, remises, releases, conveys and con8nns unto Grantee, all that certain land situate in Indian River County, Florida, to -wit: From the Northwest corner of Government Lot 5, Section 6, Township 31 South, Range 39 East, Indian River County, Florida, run Southerly along the West boundary of said Government Lot 5 a distance of 382.06' to the South right-of-way line of Main Street; thence, run North 83 degrees 25' 31" East along said South right-of-way line a distance of 179.00 feet to an iron pipe at the Southeast corner of new U. S. Highway No. 1 and Main Street; thence, South 17 degrees 29' 29" East along saki East right-of-way a distance of 203A01; thence North 76 degrees 24, 31" East a distance of 114.97 feet to the Point of Beginning; thence, South 21 degrees 22' 36" East a distancee of 186.51 feet; thence, North 73 degrees 0913111 East a distance of 127.35 feet to the West right-of-way of old U.S. Highway No.l; thence, North 25 degrees 29' 29" West along the West right -oh way of Old U.S. Highway No. 1 a distance of 181.25 feet to a point; thence, South 76 degrees 24' 31" West a distance of 114.97 feat to the Point of Beginning; Situate In the City of Sebastian. Indian River County, Florida; All that part lying East of Old U.S. Highway No. 1, also known as Old Dixie Highway, of the following described land: Beginning at a point on the South side of a 60 foot stint 372 feet South, and North 78 3/4 degrees East 12810/12 feet to the Southeast corner of Government Lot 1; run Southerly on a 30 foot street 254 feet to the Point of Beginning. Thence, run South 14 114 degrees, East 2981/2 feet; run East 450 feet to the West shore of the Indian River, run Northerly along river shore 300 feet, more or less, to a corner of land deeded to Oscar N. Gafthey; thence, South 801/4 degrees West 400 feet to the Point of Beginning. Excepting any portion now in use as street or highway, less South 135 feet, all In Section 6, Township 31 South, Range 39 East, Indian River County, City of Sebastian, Florida. Parcel Identification Number: 313 10.0 1 WwraW Deed w/t'lwrses - Page I Doubf*Tlm* 48010-003 107 of 195 BK. 3108 PG: 1759 Subject to the following: 1. Taxes subsequent to December 31, 2017; and 2. Covenants, conditions, restrictions, easements, and limitations of record, without thereby . y the same, and all applicable zoning ordinances; And said Grantor. subject to the foregoing, does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever. Together with all the tenements, her"taments and appurtenanoes thereto belonging or in anywise appertaining. To Have and to Hold, the Property in fee simple forever. And the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land; that the Grantor hereby fully warrants the title to said hmd and will defend the saute against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2017. And Grantor warrants that at the time of this conveyance, the subject property is not the Grantor's homestead within the meaning set forth in the constitution of the state of Florida, nor is it contiguous to or a part of homestead property. Grantor's residence and homestead address is: 2330 19th St., Vero Beach, FL 32960. And THE GRANTEE IS SPECIFICALLY CONFERRED WITH THE POWER AND AUTHORITY TO PROTECT, CONSERVE. SELL, LEASE, ENCUMBER, OR OTHERWISE TO MANAGE AND DISPOSE OF THE REAL PROPERTY DESCRIBED ABOVE, AND ALL POWERS AND AUTHORITY GRANTED UNDER SECTION 689.073, FLORIDA STATUTES. In Witness Whereof, Grantor has hereunto set Grantor's hand and seal on the dates below written. Signed, sealed and delivered in our presence; Z��' ,GC frdt/[ ��, a ► _IElcl Ruth I. Sullivan, Trustee Name: State of Florida County of Indian River The foregoing instrument was acknowledged before me this _a day of March, 2018 by Ruth 1. Sullivan, who L] is personally known or [XI has produced a driver's license as identlfrcati [Notary Sea]) Notary Public *� � + YYOOWI�ONIW B QEMORAN MATHER Printed Name: t7tPWF� Ocb6er 15, 2019 My Commission Expires: 1 Warmo, Drell w/Clau= -Pup 2 DoubteTtrr►e1v 48010-003 108 of 195 BK: 3108 PG: 1760 After recording return to: Rebecca F. Emmons, EK. Roomy Swan Tierney Harry Lacey & Oliver, P.I,, 2101 Indian River Boulevard, Suite 2D0 Vero Beach, FL SMO Courthouse Box 87 TRUSTEE'S AFFIDAVIT AND CERTMCATE OF TRVM (FLORIDA STATUTES § 736.1017) BEFORE ME, the undersigned, personally appeared Ruth I. Sullivan, and having been placed under oath, deposes and says: 1. That she is the sole Trustee of the Trust Agreement dated August 27, 1997, and known as the Ruth I. Sullivan Revocable Living Trust Agreement dated August 27, 1997, as amended and restated; (hereinafter referred to as the "Trust'). Affiant has personal knowledge of the matters hereinafter set forth, and her address is 2330 1" St., Vero Beach, FL 32960. The Trustee's Affidavit and Certificate of Trust is given pursuant to Section 736.1017, Florida Statutes. 2. That this Trustee's Affidavit and Certificate of Trust is given in connection with Ruth I. Sullivan Revocable Living Trust Agreement dated August 27, 1997, as amended and restated, transferring the following property to City of Sebastian: See attached Exhibit A 3. That the Trust is presently in existence, and is revocable in nature. Further, the Trust has not been terminated, canceled, or revoked and is presently in full force and effect. 4. That the Trust Agreement confers upon the Trustee the power to invest in and sell real property. Said powers are exercisable by the Trustee without the direction or consent of any beneficiary. True and correct excerpts of the Trust Agreement conferring said powers upon the Trustee are attached hereto and by reference made a part hereo£ b. The Affiant, as the sole Trustee under the Trust Agreement, has the requisite power and authority to consummate the conveyance of the above property, including the execution of any required documentation associated therewith. Further, the Trust Agreement does not contain any contrary provisions or restrictions which limit said power and authority. 6. That the Trust has not been modified or amended in any manner that would cause the representations contained in this Affidavit to be incorrect. 7. The transaction referred to in Section 2 above is not with any beneficiary of the Trust. 109 of 195 BK: 3108 PG: 1761 Further Affiants sayeth naught. �j Ruth I. Sullivan, individually and as Trustee of the Ruth I Sullivan Revocable Living Trust Agreement dated August 27, 1997, as amended and restated STATE OF FLORIDA COUNTY OF INDIAN RIVER Sworn to and subscribed before me this 13 day of March, 2018, by Ruth I. Sullivan, as Trustee of the Ruth I. Sullivan Revocable Living Trust Agreement dated August 27, 1997, as amended and restated, who is [ ] personally known to me or who has j ] produced his driver's license as identification and who did take an th otary dPublic MBOBAH MATWO Printe: *108 Commission No.: {SEAL} EWM-0olo 018,Q0" My Commission Expires: ��ar Oaadedliga8�A�1� t�ana�dimu�sal dLtLs\cWwan. rA& uU of 015 f- Etc dra &i"\ftuzW 6 a8'id:vb mUias doe 110 of 195 BK: 3109 PG: 1762 After Recording RcWn To: Robe= F. E rmwm Peruser Rossway Swan r1aney Barry, P.L. 2101 Indim River Boulevard, Suite 200 Vero BaIdL Florida 32960 (772) 2314440 CONTINUOUS MARRIAGE AFFIAAVTT STATE OF FLORIDA ) ) 88: COUNTY OF INDIAN RIVER ) BEFORE ME, a Notary Public of the State of Florida, personally appeared Ruth L Sullivan, a single adult ("Affiant"), who being duly sworn according to law did depose and say; 1. That Affiant and AfTiant's now deceased husband, Kenneth J. Sullivan, purchased the below described property on Z- 15 a i I T L. See attached exhibit "A" 2. That Kenneth J. Sullivan died on ,2 • .2o •;?a * (. 3. That Affiant and the decedent, Kenneth J. Sullivan, were married on M K►- k t i y g and remained continuously married one to another without interruption until the death of Kenneth J. Sullivan. 4. That the purpose of this Affidavit is to establish the continuous and uni j , � G marriage of Affiant and Kenneth J. Sullivan during the period of their ownership of the above described prnputy. FURTHER AFFIANT SAYETH NOUGHT. N 'T" Rath i Sullivan SWORN TO and subscribed before me by Ruth L Sullivan, a single adult, this ! day of March, 2018, who is personally known to me o w ofit uced �(Ls V t` • as identification. , STATE OF FLORIDA tlabbtxt6' AIfYTIER �a�o1� BadldlEntll�MN�rR^� F.. x=omeCh=MVREAL ESTATMogivan, Ruth We of 12131ndua Rim DdvuCMhwoas Mmiap AfdsvitAlm III of195 RELEASE OF DECLARATION OF UNITY OF TITLE WHEREAS, a Declaration of Unity of Title was provided to the City of Sebastian for the following described property situated in Indian River County located at 1215 Indian River Drive: Tx- Parcel 1D No. 31-39-06-00000-0050-00010.0: Conunence at NW comer of Gov Lot 5 Sec 6- 31-39, run Sly along W boundary 382.06 feet to S RIW line of Main St which has 80 feel R/W, run N 83 deg 25 min 31 sec E along said St line 179 feet to iron pipe at SE comer of new US No. 1 & Main St, along W RAV of new US No, I S 17 deg 29 min 29 sec F 203.40 feet to an iron pipe for POB, along said RAV 192.50 Peer to iron pipe, run N 73 deg 08 Min 31 sec E 254.7 feet to con Mon on W R/W of old US No. t Hwy, along said R/W line N 25 deg 29 min 29 sec W 181,25 feet to an iron pipe. S 76 deg 24 ruin 31 sec W 22995 feet to POB (West side parcel) AND Tax Parcel ID No, 31-39-06-00000-0050-00005.0: All E of US Huy No. I of following beginning at a point on S side of a 60 foot St 372 feet S & N 78 3/4 deg E 128 10/12 feet to SE corner of Gov Lot 1, run Sly on 30 foot St 254 feet to POB; run S 14 1/4 del; E 298 1/2 feet; run E 450 feet to W shore of Ind Riv; run Nly along Riv shore 300 feet more or less to a comer of land deeded to Oscar M Gaffney, S 80 1/4 deg W 400 feet to POB, excepting any portion now in use as St or Hwy Icss S 135 feet. (East side parcel) WHEREAS, the Declaration of Unity of Title expressly states that it is binding upon the fee simple owner and enforceable by the City of Sebastian, Florida in accordance with its land development regulations, and shall remain valid until such time as it is released in writing by the City of Sebastian, Indian River County, Florida, by recorded documents; and WHEREAS, the Declaration of Unity of Title has been recorded at O.R. Book 1672, Page 666 of the Official Land Records in and for Indian River County, Florida; and WHEREAS, the City of Sebastian lips determined that it desires to release the fee simple owner From the Declaration of Unity of Title recorded at O.R. Book 1672, Page 666 of the Official Land Records of Indian River County, Florida; NOW, THEREFORE, be it known that. the City of Sebastian, Florida, hereby releases the above - described real property &otn the Declaration of Unity of Title as hereinabove referenced. The City of Sebastian expressly waives all rights of enforcement of the above -referenced Declaration of Unity of Title and hereby releases any interests that the City of Sebastian may have obtained through said Declaration of Unity ofTitte. Citv of Sebastian print owners imenc for mcordine pu"isu CITY OF SEBASTIAN, FLORIDA f- By. Paul E. Carlisle, City Manager 3120180054011 RECORDED IN THE PUBLIC RECORDS OF JEFFREY R SMITH, CLERK OF COURT INDIAN RIVER COUNTY FL 13K: 3145 PG: 1471 Page 1 of 2 8131/2018 3:56 PM 112 of 195 ATTEST: c a'Lttt t nette Wik-n!)., MMC City Clem" (Seal)5 r , r. ri 1 t tj 'L; STATE OF FLbYtIDA COUNTY OF INDIAN RIVER 1 HEREBY CERTIFY that on this day, before me, an officer duly authorized in Indian River County, Florida, to take acknowledgments, personally appeared Paul E. Carlisle and Jeanette Williams. known to me to be the City Manager and City Clerk respectively, and neither of them took an oath. WITNESS my hand and seat in Indian River County, Florida, the .3 day of f tc S t , 301$. r /I NOTARY PUBLIC, STATE OF FLORIDA A r LARGE My Commission Expires: P6W11(1r,{ It- -2LV' •y� CATHERINEETESTA el" ww" CodttgiU1W 1 GG 0r M1 EpxaFalttuaryt 16, 2021 5mWTiv Lgisle trnwma U0,9�5-M9 113 of 195 DECLARATION OF UNITY OF TITLE CITY OF SEBASTIAN WHEREAS, the undersigned is the fee simple owner (s) of the following described property situate. in Indian River County, Florida; And; Tax Parcel ID No. 31-,39-06-00011-0010.00001.0: Carroll Roberts Subdivision No 1, PBS 4-64 Block I less Hxvy PUW as in D BK I — 13, PP 57 & Block 2 (700 plain Street) Tim Parcel ID No. 31-39-06-00000-00 0-00005.0: All E of US Hwy No. 1 of following beginning at a point on S side of a 60 foot St 372 feet S & N 78 314 deg E 128 10/12 feet to SE comer of Gov Lot 1, run Sly on 30 foot St 254 feet to POB; run S 14 1/4 deg E 298 112 feet; run E 450 feet to W shore of Ind Nv; run Nly along Riv shore 300 feet more or less to a comer of land deeded to Oscar NI Gaffney, S 80 1/4 dec W 400 feet to POB, excepting any portion now in use as St or Hwy less S 135 feet. (East side parcel of 1215 Indian River Drive) WHEREAS, the undersigned has made application for issuance of a development order affecting the above described parcels, and WHEREAS, the parcels meet the requirements for issuance of such development order only if the parcels are held as a single parcel of land, NOW, THEREFORE, the undersigned, in consideration of the issuance of said development order by the City of Sebastian, Indian River County, Florida, covenants that the above -described parcels of land will be lield in coninion ownership as a single parcel of land and will not be subdivided. Any conveyance, encumbrance, or lease of less than all of the above -described parcels (but not including a conveyance of an undivided interest, remainder interest, life estate, or estate for years in the entire parcels or the grant of a public -utility or drainage easement over a portion of the parcel) without the recorded written consent of the City of Sebastian shall be a violation of this covenant and may result in the property being in violation of the ordinances of the City of Sebastian, and such violation shall not be allowed to continue pursuant to Article VIII of the Laird Development Code. This restrictive covenant shall run with the land and shall be binding on the undersigned's successors in title. Witness the liand and seal of the undersigned, this-2&"day of 64 t is-f , 2018. S4 led in our presence: *gnatkureof Witness `Printed Name: _Tiff&A r ttL iJ�J i j i L►tns Signature of Witness Printed Name: �2, M. Sj,'nature of Applicant Printed Name: Paul E. Carlisle Title: Citv lvlanater 3120180054004 RECORDED IN THE PUBLIC RECORDS OF JEFFREY R SMITH, CLERK OF COURT INDIAN RIVER COUNTY FL BK: 3145 PG: 1437 Page 1 of 2 81312018 3:50 PM 114 of 195 STATE OF FLORIDA COUNTY OF INDIAN RIVER .- The Forgoing instrument was acknowledged before nee day of 2018, by �"�'u�' '�L.rS L;— , who is;liersonaliy known to ma or produced (identification), NOTARY PUBLIC My commission number: C7 3 91 My commission expires: kiat uan..'fl. oAW1 GATHERM E. TESTA ri s, CoWjWwitGG073881 ; Expires Fe6Ewty 18, 2021 .JOINDER BY MORTGAGEE r_ .t The undersigned, as the owner and holder of a mortgage on one or more of the above described parcels, hereby joins in this declaration for the purposes expressed therein. Signed in our presence: Signature of Witness Printed Name: Signature of Witness Printed Name: STATE OF FLORIDA COUNTY OF INDIAN RIVER Mortgagee By: Signature Printed Name: The forgoing instrument was acknowledged before me this day of , as _ _ (title) for (corporation) who is personally known to me or produced NOTARY PUBLIC My commission number: My commission expires: --- , 20 , by (identification). 115 of 195 Indian River County Property Appraiser PROPERTY 30765 R COMM 1012012015 OWNER tD; Legal Deseripi(on 305473 SEC 6 TWP 31 RNG 39 GOVT LOT 5 MORE FULLY DESC AS FROM THE NW COR OF GOVT LOT 5 TH RUN SLY AL THE W BNDRY OF GOVT LOT 5 FOR A DIS OF 382,06 FT TO THE S ROW LINE OF MAIN ST TH RUN N83-25-31E AL SAID S 3139066D000005000010.0 SITU 1215INDIAN RIVER DR SEBASTIAN, FL 32958 GENERAL UTILITIES LAST APPR. DTR TOPOGRAGPHY LAST APPR.YR 2020 ROAD ACCESS LAST INSP. DATE 06/08/2020 ZONING CWR NFXT INSP. DATE PRIMARY USE 8900 # OF IMPRV 3 NEXT REASON REMARKS BUILDING PERMITS ISSUE DT PERMIT TYPE PERMIT AREA ST PERMIT VAL 0811612022 DEML A 0 11/1912004 ROOF I 1,000 SALES INFORMATION SALE DT PRICE GRANTOR DEED INFO 0311312018 750,000 SULLfVAN RUTH I (rR=TR 13108 11758 12/01/2002 100 SULLIVAN KENNETH J OC 115461532 PROPERTY APPRAISAL INFORMATION 2023 CITY OF SEBASTIAN TAX AREA: 2A 1225 MAIN ST *30765* SEBASTIAN, FL 32958 ACRES: O,S100 APPR VAL METHOD: Cost DBA: SOH %: 0.00 NSOH 54 %- 100.00 NSOH S5 %: 100,00 SKETCH FOR IMPROVEMENT #1 EX-LGVT 2023-O-30765-305473] IMPROVEMENT VALUE 61.528 LAND MARKET + 188,833 TOTAL MARKET VALUE = 250,361 AG VALUE = 0 PRODUCTIVITY LOSS _ 0 ASSESSED VALUE = 250,361 EXEMPTION VALUE = 250.361 TAXASLE VALUE = 0 EXEMPTIONS — - Local government property exemption PICTURE ����'����f�� i l4 T �Ixio: Reryn >,w�zr wa suaeer:' 1r�,ru., `� '1 ` aim ;1PAPnYrysCxr: b aAcivrlorr. R TYPE SHAPE MTRa CVlRBl9Ve '+.rS�i„ Iea 'dbko rn.u�ars �j�'/p/ro �Y11WE iMPROWMF-FTrEATunr-s 1 • MOTE )MM C1 Ou•Pty LO 10D 0.00 A7(LA "'WE lllili� MALT to,& VALUE teh A� ECol1 FuRe COMP 0.00 2.219.5 40.30 1 1951 1974 FA 89.446 30.M% AW 0.30 26,634 CDUG nrac�,�nnN ISRrx : ,.oe 2 STG4 )MM Cl LO 100 0,00 ROD 140.0 16.12 1 1951 1974 FA 2.257 30,00% 0,30 677 Calling D!DO Drywall 1 flotel Llving.Area: 2,.... t le: {100) 91,703 2,220 PepreciatlonTable 0.00 Comrnerclal81c . _ ... .... ..... UYing Ares: 27.511 exlerior f00.60 Stucco Floor Cm 0.00 Carpat(wall tn+ FlacrType D.00 Concrete Slab Frame 0.00 Masonry Group ID D.00 N01a1 GMUpl# t Plumbing 7.00 Plumbing Roof Type 0.00 Gabla Roofing 100.00 ComposMon, SI Special Rate 0.00 Special Rate Units Type 7.00 Rooms, Holellk RE V. SUED; UU CWPTM Rmlo-. LURRM 99"V."n\Ax��r �ZHL 7uelET LAW YALUAno* WE Wale c IRxAm�. +f�, wnn• .`_ _._._._ _ _. - _. _.. ___ PRODU nVrI'Y'; 1 Irregular or CembEnatlon of LUSE CVM 89A CL{ TA&A Ri VWM ANTS UWr PRICE VAL AOJ Llum r<,� SRc SPECIAL Y SO 22215.60 50 10.00 222.156 1.00 NICTVILL �b Aclt@E AD UyE AG TAaLE AD URT PRC A0 VALUE 0.85 A 188.833 N 0.00 0 Any Land Total. 189.833 O 22215.6000 188.833 0 Pago 1 0f 3 EfTect[ye Dale of Appraisal: January Date Prinlod: 0111312023 1:36:3CAM by ta01 WebID-30765 j 4dan Rhter Coutriy Property AWWw PROPERTY APPRAISAL INFORMATION 2023 PROPERTY 307SS R COMM 1012MI5 OWNER ID: CITY OF SEBASTIAN TAX AREA: 2A Legal DesMPHon 305473 1225 MAIN ST •3076$• SEC 6 TWP 31 RNG 39 GOVT LOT S MORE FULLY DESC AS SEBASTIAN, FL 32958 FROM THE NW COR OF GOVT LOT 5 TH RUN SLY Al. THE ACRES: 0.5100 W BNDRY OF GOVT LOT 6 FOR A DIS OF 382-06 FT TO THE Cost S ROW LINE OF MAIN ST TH RUN N&%25-31 E AL SAID S APPR VAL METHOD: Sots % 0.00 3131 : r',gr,.u, 6000010.0 DBA: NSOH 64 %: 100.00 SIMS 1216 INDIAN RIVER DR SEBASTIAN, FL 32968 NSO}165 %: 100.00 GEIIIERAL 0( TW F dk-4 NPROV6111EFT UTILITIES LAST APPR TOPOGRAGPHY LAST APPR YR 40R ROAD ACCESS LAST INSP. DATE ZONING NEXT INSP. DATE PRIMARY USE # OF IMPRV NEXT REASON REMARKS elra Dnrc+ BASE [Area: 1200 ftq SALES PIIFCRMATION 40ft IMPROVEMENT VALUE TOTAL MARKET VALUE AG VALUE PRODUCTIVITY LOSS ASSESSED VALUE EXEMPTION VALUE TAXABLE VALUE �W 'Rlem *W&. _ WWAWWA «� �IJ I �.I I:11I!1/11 I I.I 1w6�5 i5u wKwf 2"WI ] 1�Q' .. _- 'IMPRON IRR.A7lJl!!!l, r TYPe eaAse rTND O.>�b V wnr avrR eao woos oa�A wns ENa Ras cow t!L'1 N6SfN +tffyll +act ADJ AavAwa 1 •BASE 2 RES R5IWLC01 LO 100 MOD 0.00 1.200.0 51.04 1 1951 1951 FA 63,t148 50.00%• 0.50 31,974 o�oN Behr FtRbzroa wars 3 DD om Ooth o�0►noM Both Ft <huas 2 Raaldanca LMn Ares 1.200.0 (E1951) Homes: (100) 63.948 LM Area:. 1,200 B .. .............. ... I .... ......... ^@ .... .. 31.974 ..... Bathto0ms 1.00 Baeu ms Badrooms ZOD Be&o= Oewedatmn Table 0.0D Obsezved CWW Oderfor WeD MOD stucoo on cons Ftr SVCv 0.00 ooeaom: Cara. tntedor wan 0.00 Drvwa! Roof Data 0.00 Srrsd.WTnmA Shape Code 0.0D Ractattpte SubakucWm Code 0.00 Concrete More Total Rooms 4.00 Total Rooms ncaows zs orauz W,MN731 61,528 + 188,833 a 260,361 a 0 0 a 250,381 250,381 a 0 wars cow rift Naft summ Lnyp ztae Nmvom a r-4. -UMAUM aTsoft �. INN( 'FRDd6ehirrvrzo+aieir zomm Lola SOL CL1 TAAe "3 omm UWMCE GR=VAL AM LNWAW WW IRTVAL A0 ACRW AOUM AOTAME as war ►RC AO wall! Page 2 01 3 Elfece" Date of Appzslsd January Datelpflntoct 0111312023 1:8690PM by ta01 Indian Rirer County Property Appraiser PROPERTY APPRAISAL INFORMATION 2023 r r%vr cn L 1 30755 R COMM 1=012015 OWNERID: CITY OF SEBASTIAN TAX AREA: 2A LeW Desaipblon 305473 1225 MAIN ST AW7�lJ' SEC 8 TWP 31 RNG 39 GOVT LOT 5 MORE FULLY DESC AS SEBASTIAN, 32958 FROM THE NW COR OF GOVT LOT 5 TH RUN SLY AL THEACRES; 0.5100 W BNDRY OF GOVT LOT 5 FOR A DIS OF 382.0E FT TO THE S ROW LINE OF MAIN ST TH RUN N83-2631E AL SAID S APPR VAL METHOD: Cost 31390800000005000010.0 DBk 80H %: 0.00 SITUS 1215 INDIAN RIVER DR SEBASTIAN, FL 32958 NSOH 04 %: 100.00 mom 58 %: 100.00 GENERAL SKETCH INFORMATION � 'I UTILInTES TOPOGRAGPHY ROAD ACCESS ZONING PRIMARY USE NEXT REASON REMARKS LAST APPR LAST APPR YR LAST INSP. DATE NEXT INSP. DATE #OFIMPRV SALES INFORMATION sum ,RW! fflm CLABNIO IfGL {`jam L` A1Q� „J '� Iq I.FIG1�rYAM a►R ELON Rim COWAQIrALQd M94ROVEMENTVALUE LAND MARKET + TOTAL MARKET VALUE AG VALUE _ PRODUCTIVITY LOSS = ASSESSED VALUE _ EXEMPTION VALUE TAXABLE VALUE _ :wYa{If 11I1 YMe 731 61,528 188,833 250,361 0 0 250,361 250,361 0 1 AAPV 115C •1 AV 100 0.00 0.W 880.0 2.15 1 1974 1974 AV 1.892 34.40% 0.34 651 °ftc"Twu Ulm CODE Des".1o11 tams c0cm I 2 UT2 415C *1 AV 100 10.00 8.00 80.0 &12 1 1980 1B80 AV 85048.W% OA9 317 3 UT2 419C 11 AV IW 24.00 12.00 80.0 8.12 1 1980 19BO AV 85048.80% 0A9 317 4 CLF4 08C 7 AV 100 45MCO 4.W 450.0 5.61 1 1985 198E AV ZSM 30.00% 0.30 758 3 COMMERCIAL Ml8CEU ANE1 4b1AD.A!ol: 1 .... (E1...)t1...... (... 8,71 . ....U.M. 0 2 ... i 80� LalO¢ IIfAtrtf: omwhw 01Fwxx WAAa OYtwwx- IDI� Lm Sm CL) TAelE m U18T8 OR1p11m OAWBVAL AW LAIOAN 811E WWVAL + ACLM AOL73e A97AWA Aucwr1II AOVAM Pop S d 3 EBeettm DOWGFApprated Jwn aly Date PA112ed: 01M3I2023 1:38:30PM by tam EXHIBIT B ENVIRONMENTAL COMPLIANCE REPORT 120 of 195 Ei41 FLORIDA DEPARTMENT OF \n Environmental Protection Q CONTRACTED LOCAL. PROGRAM 2725 Judge Fran Jamieson Way Building A, Room 219 AL pR0 Viera, Florida 32940 January 12, 2023 Mr. Scott Taylor AST Florida Environmental, Inc. 32801 US HWY 441 North, Lot 88 Okeechobee, Florida 34972 RE: In Compliance 9819317 — Harbor Lights Motel, 1215 Indian River Dr, Sebastian, FL Brevard County Natural Resource Management Department — Storage Tanks Dear Mr. Taylor: Eton DeSantis Govemor Jeanette Nunez Lt. Governor Shawn Hamilton Secretary A storage tank closure inspection was conducted at the above referenced facility on October 21, 2022 by the Brevard County Natural Resource Management Office, on behalf of the Florida Department of Environmental Protection. Based on the information provided during the inspection, the facility was determined to be in compliance with the Department's storage tank rules and regulations. A copy of the inspection report is attached for your records. The Department sincerely appreciates your efforts to maintain this facility in compliance with state and federal rules. Should you have any questions or comments, please contact me at (321) 350-8428 or ieffrev.grantham0ibreyardfi.aov . Respectfully, / V. A.i Jeffrey Grantham Compliance Inspector Enclosure Brevard County Natural Resources Management Department Main Line (321) 633-2017 • Website: www,brevarc[FL.gov/NaturaiResources ) 2) Of ) 95 FLORIDA DEPARTMENT OF Ron Governor oWants Environmental Protection Jeanette Nunez Lt. Govemor CONTRACTED LOCAL PROGRAM 2725Judge Fran Jamieson Way Shawn Hamilton Building A, Room 219 Secretary Viera, Florida 32940 January 12, 2023 Mr. Scott Taylor AST Florida Environmental, Inc. 32801 US HWY 441 North, Lot 88 Okeechobee, Florida 34972 Re: UST Closure Assessment Report Harbor Lights Motel 1215 Indian River Dr Sebastian, Indian River County, Florida FDEP Facility ID No. 9819317 Dear Mr. Taylor: The Brevard County Natural Resources Management Department is currently under contract with the Florida Department of Environmental Protection to perform reviews of Closure Assessment documents submitted for regulated facilities. A review of the Global Environmental Services Inc. Closure Report (dated December 12, 2022) submitted as required by Chapter 62-762, F.A.C., for the facility listed above, has been completed, The Closure Report concerned the closure of two underground storage tanks. The Closure Assessment report indicates that closure assessment was properly performed as prescribed by Chapter 62-762, F.A.C., and the closure assessment guidelines of the Florida Department of Environmental Protection. The assessment indicates that contamination levels do not exceed the State cleanup guidelines for remediation of soil or groundwater as defined in F.A.0 Chapter 62-777 Groundwater Cleanup Target Levels (GCTLs). You are therefore not required to submit Discharge Reporting documentation or pursue cleanup activities at this time. This document in no way releases the owner/operator of the site from responsibility under Florida Statute and Florida Administrative Code for assessment and cleanup of contamination from pollutants or hazardous substances released at a future date or from undiscovered discharges on site. If you have any questions concerning this letter, please contact the undersigned at (321)-591-3004. Sincerely, NATURAL RESOURCES MANAGEMENT DEPARTMENT Jeffrey Grantham Storage Tank Compliance Inspector File: FDEP and NRMD Brevard County Natural Resources Management Department Main Line (321) 633-2017 s Website: brevardFL.gov/NaturalResources 122 of 195 EXHIBIT "C" RFP 23-08 "AS -IS" SALE OF CITY -OWNED PROPERTY SALE AND PURCHASE AGREEMENT SOLD "AS IS" 1215 Indian River Drive, Sebastian, FL 32958 (Formally Harbor Lights Motel) Parcel: 31390600000005000010.0 PARTIES: CITY OF SEBASTIAN, whose address is 1225 Main Street, Sebastian, FL, "CITY," and "PURCHASER," hereby agree that CITY shall sell and PURCHASER shall purchase the following described property, situate, lying and being in Indian River County, Florida, all of which is referred to as the "Property," upon the terms and conditions hereinafter set forth. LEGAL DESCRIPTION t� PIP- 6 TERMS AND CONDITIONS OF PURCHASE Purchase Price: (a; Purchase Price $ (b) Initial Deposit submitted with Proposal on <Date> to be held by the City of Sebastiar - $ (c) 21 Deposit submitted on <Date> to be held by the City of Sebastiar - $ (d; Balance to close $ Proceeds of Sale: The purchase price shall be paid at closing by wire transfer or cashier's check drawn on a Florida financial institution, payable to CITY, less any credits to PURCHASER, pursuant to any adjustments necessitated by prorations of any sums agreed to be prorated between the parties, if any. 123 of 195 SALES AND PURCHASE AGREEMENT between CITY OF SEBASTIAN and Proposal Submission: The proposal submitted by the PURCHASER, in response to RFP 21-06, is a part of this Agreement (Exhibit "A'). Approval of sale is based on the proposed price, proposed use and proposed timeline. Reversion Clause: If the PURCHASER is found to not be in compliance with the proposed use of the property and time specked in the proposal, title to the deeded property reverts to the City and any and all funds paid by the PURCHASER shall remain with the CITY, this is the legal right of the CITY. TIME AND PLACE OF CLOSING It is agreed that this transaction shall be closed, and the PURCHASER shall pay the purchase price as provided herein above, and CITY shall execute all papers or documents necessary to be executed by CITY under the terms of this Agreement on or before the 90th day after execution of the Agreement by the PURCHASER, at the office of the City Attorney or the Closing Agent's Office, or at such other place as CITY may designate. Unless otherwise agreed upon in this Agreement, possession and occupancy will be delivered to PURCHASER at the time of closing. ALL CLOSING COST, INCLUDING CLOSING AGENT COST, SHALL BE BORNE BY PURCHASER. EFFECTIVE DATE The Effective Date shall be the last date of execution by PURCHASER or CITY. All time periods shall be calculated commencing the day after the Effective Date unless specified herein. Any modification, amendment, or alteration thereto, shall not be effective or binding upon any of the parties hereto until it is approved by the City Council and executed by the City's Mayor, Manager, Clerk and Attorney. TA IE; )PRORATION Taxes: PURCHASER will be responsible for prorated taxes due for the remaining year once property is transferred. PURCHASER will be responsible for the next coming tax bill and all applicable taxes due in future years. Special Assessment Liens: Certified special assessment liens shall be paid by the City at the time of closing. The City represents that there are no pending liens at this time affecting the property which have been made by the City and to the best of its knowledge, there are no other pending liens affecting the property. However, if at the time of closing there shall be new or pending liens, PURCHASER shall assume the same. Other Proration: Any rents, revenues, unearned insurance premiums, liens, or other charges to be prorated shall be prorated as of the date of closing, provided that in the event of an extension of the date of closing, at the request of or through the fault of either party, such date of proration shall be the date upon which the other party indicated its readiness to close. 124 of 195 SALES AND PURCHASE AGREEMENT between CITY OF SEBASTIAN and PROPERTY SOLD "AS IS" CITY shall convey the property in its present "as is" condition, with the exception of Governmental and Related Matters and Environmental Hazards, described below. CITY has not made and does not make any representations as to the physical condition, expenses, operation, title or any other matter or thing affecting or related to the property, except as specifically set forth in this Agreement. CITY makes no warranties other than marketability of title and will make no repairs. PURCHASER acknowledges that all representations which CITY has made, if any, and upon which PURCHASER relied in making this Agreement, have been included in this Agreement. All understandings and agreements heretofore had between the parties are merged in this Agreement, which alone fully and completely expresses their agreement, and the same is entered into after full investigation, neither party relying upon any statement, representation, express or implied warranties, guarantees, promises, statements, representation or information, not embodied in this Agreement, made by the other, or by any real estate broker, agent, employee, servant or other person representing or purporting to represent CITY. INSPECTION PERIOD AND RIGHT TO CANCEL PURCHASER shall have ten (10) days from Effective Date, considered the "Inspection Period", within which to have such inspections of the Property performed, at PURCHASER'S expense. PURCHASER shall be responsible for prompt payment for any such inspections and repair of damage to and restoration of the Property resulting from such inspections. This provision shall. survive termination of the Agreement. PURCHASER has had the opportunity to inspect the -Property, is thoroughly acquainted with its condition, and takes same "as is." If PURCHASER determines, in PURCHASER's sole discretion, that the condition of the Property is not acceptable to PURCHASER, PURCHASER may cancel the Agreement by delivering written notice of such election to CITY within 24,hours after the inspection. If PURCHASER timely cancels the Agreement, the deposit paid shall be immediately returned to PURCHASER; thereupon, PURCHASER and CITY shall be released of all further obligations under the Agreement, except as provided in Subparagraph B, above.` PURCHASER's failure to give written notice to CITY shall be deemed a waiver of PURCHASER's right to terminate this Contract according to the terms of this Paragraph. DEPOSIT The deposits of PURCHASER in the sum of __________________Dollars ($) shall, at the closing, constitute a credit to PURCHASER against the total purchase price of ($ ) and shall, accordingly, be deducted in determining the balance due at the closing. Interest earned, if any, on the amount of the bid bond shall remain the property of the CITY without credit to the PURCHASER. The deposits are non-refundable ten (10) days from the Effective Date. This Agreement shall supersede any term or condition in conflict with PURCHASER' bid documentation. CONVEYANCE AND TRANSFER The real property herein described shall be conveyed to PURCHASER by a properly executed and acknowledged Warranty Deed subject to: (1) taxes for year of closing and subsequent years; (2) zoning and/or restrictions and prohibitions imposed by governmental authority; (3) restrictions and other matters appearing on the plat and/or common to the subdivision; (4) utility easements of record, provided said easements do not reasonably interfere with the intended use of the property; and (5) other matters specked in this Contract, including mortgages to be assumed by Buyer and Purchase Money Mortgages, if any. 125 of 195 SALES AND PURCHASE AGREEMENT between CITY OF SEBASTIAN and SURVEY PURCHASER, at PURCHASER'S expense, may have the Property surveyed and certified by a Registered Florida Surveyor and shall have said sealed survey delivered to CITY. If the survey shows encroachments on Property or that improvements located on Property encroach on setback lines, easements, lands of others or violates any restrictions, the covenants herein or applicable governmental regulations, the same shall constitute a title defect as provided for hereinafter in paragraph entitled, "Examination and Approval of Title." DOCUMENTARY STAMPS AND TANGIBLE TAXES AND RECORDING COSTS PURCHASER shall cause to be placed upon the Warrantv Deed conveying the Property, state surtax and documentary stamps as required by law. CITY shall pay all tangible personal property taxes and the cost of recording any corrective instruments reasonably necessary to assure good and marketable title. PURCHASER shall pay for the cost of recording the warranty deed. PUBLIC DISCLOSURE CITY further agrees that at least ten (10) days prior to closing, in accordance with Section 286.23, Florida Statutes, CITY shall make a public disclosure, in writing, under oath and subject to the penalties prescribed for perjury, which shall state the name and address of CITY and the nameand address of every person having any beneficial interest in the subject real property, if any. PERSONS BOUND The benefits and obligations of the covenants herein shall inure to and bind the respective heirs, personal representatives, successors and assigns (where assignment is permitted) of the parties hereto. Whenever used, the singular number shall include the plural, the singular, and the use of any gender shall include all genders TIME OF THE ESSENCE It is hereby understood and agreed between the parties that time is of the essence throughout this Agreement. DEFAULT Default by Purchaser: Refer to Reversion Clause. Default by City: If, for any reason other than_ failure of CITY to make title marketable after diligent effort, CITY fails neglects or refuses to perform this Contract, the PURCHASER may seek specific performance or elect to receive the return of PURCHASER's deposit without thereby waiving any action for damages resulting from CITY's breach. 126 of 195 SALES AND PURCHASE AGREEMENT between CITY OF SEBASTIAN and MECHANICS' LIENS CITY hereby represents and warrants to PURCHASER that as of the effective date of this Agreement, there are no claims or potential claims for mechanic's liens, either statutory or at common law, and that neither CITY nor CITY's agent has caused to be made on the Property within ninety (90) days immediately preceding the effective date of this Agreement, any improvement which could give rise to any mechanic's lien. CITY shall furnish to PURCHASER at time of closing an affidavit in the form approved by the City Attorney. If any improvements have been made to the Property within ninety (90) days prior to the date of closing, CITY shall deliver releases or waivers of all mechanic's liens, executed by general Agreementors, subAgreementors, suppliers or materialmen, in addition to CITY's mechanic's lien affidavit, setting forth the names of all such general Agreementors, subAgreementors, suppliers and materialmen, and further reciting that, in fact, all bills for work to the Property which could serve as the basis for a mechanic's lien, have been paid. BROKER'S COMMISSION CITY hereby represents and warrants that it has dealt with no broker. If applicable, PURCHASER acknowledges utilizing PURCHASER agrees to hold CITY harmless from any claim or demand for commissions made by or on behalf of any broker or agent in connection with this purchase and sale. PURCHASER agrees to pay all real estate commissions in connection with this transaction. MODIFICATION This Agreement supersedes all prior negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein; and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements whether oral or written. It is further agreed that no modification, amendment or alteration in the terms `or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. EXAMINATION AND APPROVAL OF TITLE A Title Commitment may be procured by the PURCHASER, and obtained by PURCHASER within thirty (30) days after the effective Agreement date. PURCHASER shall pay the cost thereof as well as the cost of any update. PURCHASER shall have fifteen (15) days from the date of receiving said commitment of title to examine same. Failure of bidder to timely obtain title information shall not extend the time for closing. If title is found to be defective due to conditions or restrictions other than those set forth herein, PURCHASER shall, within said period, notify the City Attorney in writing, specifying the defects. If the said defects, other than those set forth herein, and that the title was obtained by or through a tax deed, render the title unmarketable, the CITY shall have one hundred twenty (120) days from receipt of such notice to cure the defects, and if after said period the CITY shall not have cured the defects, PURCHASER shall have the option of (1) accepting the title as it then is, or (2) demanding a refund of all monies paid hereunder which shall forthwith be returned to PURCHASER, and thereupon the PURCHASER and the CITY shall be relieved of all further obligations. 127 of 195 SALES AND PURCHASE AGREEMENT between CITY OF SEBASTIAN and ENVIRONMENTAL HAZARDS CITY represents that CITY has no underground storage containers or buried barrels or drums of any kind in or on the Property and does not and has not conducted hazardous or toxic substances activity. At PURCHASER's option within five (5) days from the Effective Date, PURCHASER may, at PURCHASER's expense, apply for a Phase I Environmental Property Assessment upon the Property and any improvements upon the Property by a Florida licensed environmental engineer. PURCHASER shall forthwith deliver to CITY a copy of all resulting environmental reports. If a Phase I inspection reveals an environmental hazard or if a lender requires a Phase II or III investigation, PURCHASER shall deliver written notice of the requirement to the CITY and CITY may elect within FIVE (5) days from receipt of the notice to conduct the investigation at CITY's expense. If CITY elects not to conduct the investigation, either party may terminate this Contract. If CITY elects to pay for and make corrective measures required by law, PURCHASER shall either extend closing or CITY shall escrow the amount necessary to complete the cleanup. CITY shall have ninety (90) days after Notice to complete cleanup. If problem has not been resolved by that time, either party may agree to extend for an additional length of time or Contract may be terminated by either party. GOVER14MENTAL AND RELATED MATTERj9 CITY warrants and represents that to the best of his knowledge the property in its present condition is not in violation of any governmental regulations. All improvements to the property have been properly permitted. To the extent that any aspect of the property is in violation with all such governmental regulations, then PURCHASER shall give written notice to CITY and CITY shall have sixty (60) days to remedy the defect. If after the expiration of the said sixty (60) day period CITY has been unable to remedy said defects, PURCHASER may cancel the contract, whereupon his deposit shall be refunded. In the alternative, PURCHASER may accept the property in its present condition. CITY shall make a due diligent, good faith effort to bring the property into compliance with all governmental regulations. CITY's warranties herein contained shall not survive the closing of this transaction. GROWTH MANAGEMENT ACT The PURCHASER is hereby advised that the State of Florida has adopted a Growth Management Act which could affect the future development of the subject property regardless of the present zoning classification. The CITY and broker, if any, disclaims any liability for the consequences arising from the application of said act. PURCHASER is advised to contact the appropriate governmental agency or department with jurisdiction over the subject property. The CITY and broker, if any, makes no representations to the PURCHASER as to the impact of the Growth Management Act on the subject property. COASTAL CONSTRUCTION CONTROL LINE If all or part of the property is.located seaward of the Coastal Construction Control Line as defined in Florida Statute 161.053, it is subject to government regulation. Florida law requires CITY to provide PURCHASER with an affidavit, or a survey meeting the requirements of chapter 472 of the Florida Statutes, delineating the location of the CCCL on the property at or prior to closing. INGRESS AND EGRESS CITY warrants that there are ingress and egress to the property over public or private roads or easements sufficient for the intended use thereof, and this warranty shall survive the closing. NOTICE AND TIME Notice given by or to the Attorney for either party shall be effective as if given by or to said party. Any reference to time periods of less than six (6) days shall, in the computation thereof, exclude Saturdays, Sundays and legal holidays, and any time period which shall end on a Saturday, Sunday or legal holiday shall extend to 5:00 o'clock P.M. on the next full business day. CONTRACT NOT RECORDABLE Neither this Contract nor any notice thereof shall be recorded in the public records. 128 of 195 SALES AND PURCHASE AGREEMENT between CITY OF SEBASTIAN and FIRPTA All parties are advised that the I.R.S. Code requires the PURCHASER to withhold ten percent (10%) of the sales price for tax on sales by certain foreigners. The tax will be withheld unless affidavits of compliance with the I.R.S Code or an I.R.S. qualifying statement are provided to PURCHASER at closing. ATTORNEY'S FEES AND COSTS In any litigation (including all appeals) arising out of this Contract involving CITY and PURCHASER or Broker, if any, the prevailing party shall be entitled to recover all costs incurred, including reasonable attorney's fees. INTgREST No interest shall be paid to the CITY or PURCHA$ on deposits or on mortgage proceeds or closing proceeds not disbursed to CITY at closing. SURVIVOR OF COVENANTS All covenants, grants, representations and warranties contained herein shall survive closing and delivery of the deed. This document, consisting of seven (7) pages, shall be executed and serve as the Sale and Purchase Agreement between parties mentioned herein. WITNESSES: Print Name: Print Name: ATTEST (SEAL): Jeanette Williams, MMC CITY CLERK Approved as to form and legality for reliance by the City of Sebastian only: CITY ATTORNEY PURCHASER: BY: Print Name: Title: BY: Print Name: Title: DATE: CITY OF SEBASTIAN: BY: BY: Paul E. Carlisle, CITY MANAGER DATE: , MAYOR 129 of 195 Cm Lr BATRN� HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: May 10, 2023 Aeenda Item Title: Request for Proposal (RFP #23-11) for the Sale and Redevelopment of City - Owned Property and Provision of a Mixed -Use Development located at 100 Veterans Memorial Highway, Sebastian, Florida, situated in the Community Redevelopment area. Recommendation: Staff requests consensus from Council for the Request for Proposal (RFP ##23-11) for the Sale and Redevelopment of City -Owned Property. Background: The City of Sebastian is requesting proposals from qualified real estate developers/investors/operators for the purchase and redevelopment of city -owned property located at 100 Veterans Memorial Way, Sebastian, FL 32958 (former Public Works Compound). This Request for Proposal (RFP ##23-11) is issued in accordance with the disposal of real property provisions set forth in Section 163.380, Florida Statutes. The Sebastian Community Redevelopment Agency "CRA" invites Proposers to submit their qualifications, approach, conceptual design, financial and other terms for the Proposer to purchase, design, permit, construct, finance, operate and maintain a mixed -use commerciallindusilrial development on a 4.42+/- acre site, minus Veterans Memorial Way right of way, If Aeenda Item Reuuires Expenditure of Funds: Budgeted Amount; NA Total Cost: $00.00 Funds to Be Utilized for Appropriation; NA Attachments: 1. RFP #23-11 Administrative Services Depa t Review.1 City Attorney Review: 1 Procurement Division Review, if applicable: City Manager Authorization: Date: S/`IZ)2 f:- 130 of 195 HOME of PEUCAN PURCHASE AND REDEVELOP 100 VETERANS MEMORIAL WAY REQUEST FOR PROPOSALS The City of Sebastian is requesting proposals from qualified real estate developers/investors/operators for the purchase and redevelopment of city -owned property located at 100 Veterans Memorial Way, Sebastian, FL 32958 (former Public Works Compound). This Request for Proposal ("RFP") is issued in accordance with the disposal of real property provisions set forth in Section 163.380, Florida Statutes. The Sebastian Community Redevelopment Agency "CRA' invites Proposers to submit their qualifications, approach, conceptual design, financial and other terms for the Proposer to purchase, design, permit, construct, finance, operate and maintain a mixed -use commercial/industrial development on a 4.42+/- acre site, minus Veterans Memorial Way right of way. The Citv will NOT pav real estate commissions on this sale. All proposals are due no later than Friday. Julv 14. 2023 by 2:00 PM. LOCAL TIME. at which time all proposals are due. Late proposals will not be accepted. Proposers have the option to submit vhvsicallv, in -person, or by mail. Submissions shall onlv be accepted at Citv Hall. Proposer must submit proposal in a sealed envelope/box/container: One (1) original proposal "MARKED ORIGINAL & SIGNED IN BLUE INK," including the reauired deposit: EIGHT (8) copies "MARKED COPY & SIGNED IN BLACK INK" of the proposal are required; One (1) USB with an electronic version is required. Onlv the NAME of the firms who submitted a response to this Request for Proposal will be read aloud. RFP's will not be made available for review at the time of the opening: EVENT DATE TIME RELEASE DATE: WEDNESDAY, MAY 15, 2023 - MANDATORY PRE BID SITE VISIT: 100 VETERANS MEMORIAL WAY WEDNESDAY, JUKE 7, 2023 10:00 AM EST MANDATtlRY QUESTIONS DUE DATEITIME: FRIDAY, RUNE 30, 2023 END OF BUSINESS DUE DATE/TIME: FRIDAY, JULY 14, 2023 2:00 PM EST 15T EVALUATION MEETING: TBD 10:00 AM EST 2ND EVALUATION MEETING, if applicable: TBD RECOMMENDATION OF AWARD — CITY COUNCIL MEETING: TBD 6:00 PM EST City of Sebastian City Hall 1225 Main Street Sebastian, Florida 32958 RFP documents and any addenda may be obtained from the City's website (www.citvofsebastian.org), DemandStar (www.demandstar.com) or VendorLink (www.vendorlink.com). It will be the sole responsibility of the Proposer to determine if any addenda have been issued r)rior to submittinE a nronosal. Any and all questions and communication concerning this RFP should be emailed ONLY to the contact person listed below, no later than Friday, June 30, 2023 by end of day. Contact by a Proposer (or anyone representing a Proposer) regarding this RFP with the City Council or a City employee/representative other than the point of contact listed above, is grounds for disaualification. 132 of 195 Page 2 of 32 RFP #23-11 F{OME OF PELICAN ISLAND PURCHASE AND REDEVELOP 100 VETERANS MEMORIAL WAY STATEMENT OF NO RESPONSE If your firm does not intend on submitting a proposal, please complete and return this form prior to the Solicitation Opening date shown herein. Return by email (dwixon(&cityofsebastian.org) or by mail to: CITY OF SEBASTIAN, CITY HALL ATTN: PROCUREMENT 1225 MAIN STREET SEBASTIAN, FLORIDA 32958 Company Name: Company Address: Phone Number: We are not responding to RFP #23-08. FOR THE PURCHASE OF CITY -OWNED PROPERTY AND PROVISION OF A MIXED -USE DEVELOPMENT AT 1215 INDIAN RIVER DRIVE SEBASTIAN FLORIDA for the following reason(s) (mark all that applies): Do not offer the goods) or service(s) required Our schedule would not permit us to perform responsibly Unable to meet specifrcations/scope of services Unable to meet minimum requirements Insufficient time allowed for preparation of response ProjectlBudget too small Specifications unclear — too vague, rigid, etc. (please explain below) Other (please specify below) I:��IIi�/1a.�Cy Signature Print Name / Title Date Page 3 of 32 133 of 195 RFP #23-11 HOME OF PELICAN ISLAND PURCHASE AND REDEVELOP 100 VETERANS MEMORIAL WAY TABLE OF CONTENTS REQUEST FOR PROPOSALS.................................................................................................................2 STATEMENT OF NO RESPONSE.........................................................................................................3 TABLEOF CONTENTS............................................................................................................................4 DEFINTIONS..............................................................................................................................................4 SECTION 1— SOLICITATION INFORMATION..................................................................................5 SECTION 2 — PURCHASE AGREEMENT DETAILS..........................................................................9 SECTION 3 — PROPOSAL FORMAT & REQUIREMENTS.............................................................11 SECTION 4 — EVALUATION PROCESS..............................................................................................12 SECTION 5 — GENERAL CONDITIONS..............................................................................................13 SECTION 6 — REQUIRED FORMS.......................................................................................................20 PROPOSAL CHECKLIST.....................................................................................................................20 MAILINGLABEL.................................................................................................................................22 CONTACT INFORMATION SHEET - FORM A................................................................................23 ADDENDA ACKNOWLEDGEMENT - FORM B........................................... ..............24 ..................... PROPOSED PURCHASE PRICE - FORM C.......................................................................................25 PROPOSER'S DISCLOSURE - FORM D............................................................................................26 E-VERIFY ACKNOWLEDGMENT - FORM E..................................................................................28 NOTIFICATIONS AFFIDAVIT - FORM F.........................................................................................29 MINORITY, WOMEN and DISABLED -OWNED REPRESENTATION - FORM G........................30 SOLICIATION INFORMATION FORM..............................................................................................32 Exhibits: "A" - Property Information "B" - Remedial Action Plan (RAP) 2023 "C" - Florida Brownfield Redevelopment Program "D" - Sample Purchase Agreement DEFINITIONS Request for Proposals f"RFP" ): This Solicitation document, including any and all addenda. Proposal: Submission in response to this RFP. Proposer: Person or firm submitting a Proposal in response to this RFP, "pre -award". Engineer or Desien Build Firm (DBF): Selected Proposer that is meets the scope of services and is awarded a contract to provide the goods or services to the City, "post -award". City: Refers to the City of Sebastian. Contract or Agreement: Request for Proposals, all addenda issued thereto, all affidavits, the signed agreement, and all related documents that comprise the totality of the contract or agreement between the City and the Engineer or DBF. Responsible Proposer: Proposer that has the integrity, reliability and capability in all respects to perform in full the contract requirement as stated in the RFP. Responsive Proposer: Proposer who's Proposal fully conforms in all material respects to the RFP and its entire requirement, including form and substance. Rays: Refers to calendar days, unless otherwise stated. Shall, Must & Will: Interpreted as mandatory language. 134 of 195 Page 4 of 32 QfY T S�TIAN RFP #23-11 HOME of PELICAN ISLAND -- PURCHASE AND REDEVELOP 100 VETERANS MEMORIAL WAY SECTION 1— SOLICITATION INFORMATION 1.1 SCOPE OF SERVICES The City of Sebastian is requesting proposals from qualified real estate developers/investors/operators for the purchase and redevelopment of city -owned property located at 100 Veterans Memorial Way, Sebastian, FL 32958 (former Public Works Compound). Title will be transferred by a special warranty deed. Consideration will be given to development that best promotes a vibrant, active and dynamic keystone site that will further the Community Redevelopment Agency's (CRA) goals and objectives. The City desire's a project that has the ability to provide adaptable mixed use commercial/industrial development on the site. The property is in a prime location in the "Gateway" triangle entrance to the city center within close proximity to shopping, recreation, entertainment, and restaurants. This property must follow the performance standards outlined within the Riverfront Overlay District, and use restrictions outlined in the Sebastian Boulevard Triangle Overlay District. The redevelopment shall promote and implement the goals and objectives of the CRA Master Plan to remove blight, increase the tax base, and enhance the quality of life; promote the waterfront and its history, and improve the aesthetics and enjoyment of the Sebastian Blvd Mixed -Use District. The City will NOT pay any real estate commissions or provide waivers of site related fees on this sale. 1.2 PROPERTY INFORMATION Site Conditions Special District: Sebastian Community Redevelopment Agency Future Land Use: Mixed -Use Current Zoning: Public Service (PS) Performance Overlay District: Riverfront Overlay District and Sebastian Boulevard Triangle Overlay District Permitted Uses: CG — Commercial General and IN — Industrial Height: 35 feet Parcel Size: +/- 4.42 acres (minus Veterans Memorial Way right of way) — Exhibit A Infrastructure: All utilities available on site including water, electric, telephone, sewer, and internet. All existing structures and infrastructure remain on the property, which was vacated as of 2022. Access: Access available east/west driveways onto County Road 512 and direct access to Veterans Memorial Way Facility Description: The subject site is currently owned by the City of Sebastian and was used as a Public Works office and vehicle/equipment storage facility. The site is situated at the southeast corner of the Veteran's Memorial Way and Sebastian Boulevard intersection and can be accessed from either street. The facility is currently closed but was previously utilized for maintenance and repair of City vehicles. Also, construction materials and vehicular fuel were stored on -site. The facility is improved with a concrete block office building, a larger concrete block garage building, and a metal storage building. Two aboveground fuel storage tanks (ASTs) and associated dispenser pumps were located at the southern portion of the site, just north of the metal storage building. The site is further improved with asphalt -paved parking and drive areas. The facility historically operated two (2) underground storage tanks (leaded gasoline and diesel fuel), which were removed in 1991. The USTs were located north of the office building and are the subject of cleanup activities. A site map illustrating the current site layout is included in Exhibit B, Figure 1. 135 of 195 Page 5 of 32 1R Y RFP #23-11 HOME OF PELICAN ISLAND PURCHASE AND REDEVELOP 100 VETERANS MEMORIAL WAY Provertv Description The property was originally acquired in 1925 as part of a larger parcel which was divided in 1985. The remainder consists of the Old Compound parcel #31390600000500000024.0 (+/-4.13 acres) further described as: 7.5 A IN SWIA, D BK 3, PP 279 LESS E 2885 FT OF S 433 FT THEREOF & LESS N 267.2 5 FT AS MEASURED ALONG RR R/W AS PER ORBK 708 PP 819 In 2017, the parcel was unified with parcel #31390700000300000006.0 (+1-0.29 acres) further described as: FR NE COR OF NW1/4, RUN W ALONG N BDRY 300.4 FT TO POB: S 146.55 FT TO CL OF ST RD 512; SWLY 90 FT; NWLY TO PT WHICH IS 113 FT W OF POB: RUN E ALONG N LINE SEC 7 TO POB, AS OR BK 88 PP 60 LESS RD R/W (OR BK 428 PP 330) Property Specifics i. The property consists of the former City public works compound on approximately 4.42 acres (minus Veterans Memorial Way right of way). A current survey and lot split will be provided by the City as part of this agreement in order to subdivide Veterans Memorial Way right of way from the property purchase. ii. The property maintains a current zoning of Public Service. The City will pay the application fee for rezoning of the property to the intended use on behalf of the successful proposer. iii. The property maintains a Remedial Action Interim Report (RAI) with the Florida Department of Environmental Protection (FDEP) from a past contamination event from a leaking underground storage tank. The City shall continue absorbing the cost of monitoring for the site. The City will support the application to establish a Brownfield Site and participate in the Florida Brownfield Redevelopment Program as part of the rentediation plan. Exhibits include: "A" - Property Information "B" - Remedial Action Interim Report (RAI) 2023 "C" - Florida Brownfield Redevelopment Program "D" - Sample Purchase Agreement 1.3 DEPOSIT Proposals must be accompanied by a security deposit of $15,000.00, in the form of a certified or cashier's check, payable to the City of Sebastian. This deposit will be returned to unsuccessful Proposers. The successful Proposer shall be required to deposit with the City another $30,000.00, for a total deposit of $45,000.00 (or more if increased through negotiations) within five (5) business days following City Council approval of the Purchase Agreement. All deposits by the successful Proposer are non-refundable. 1.4 CITY BACKGROUND The City of Sebastian was first incorporated as the Town of Sebastian in I924, and is located at the northern end of Indian River County, Florida, approximately midway between Melbourne and Vero Beach on the Treasure Coast. It is recognized as the home of Pelican Island, the first designated wildlife refuge in the United States, and a Tree City USA. Sebastian's current population is 25,438; residents include many retirees and families. The total area of Sebastian is approximately 18.19 square miles with about 1.5 miles of waterfront on the Indian River Lagoon. . The most current employment estimates indicate that Health Care and Social Assistance, Retail Trade, and Accommodations and Food Services are the dominant industries within the City and Sebastian CRA. 136 of 195 Page 6 of 32 RFP #23-11 HOME of PELICAN ISLAND PURCHASE AND REDEVELOP 100 VETERANS MEMORIAL WAY Sebastian has over 20 beautiful parks, public and private elementary schools, middle schools, and a high school just outside of its limits. With an unobstructed view of the intra-coastal waterway in the Indian River Lagoon along its dazzling riverfront district, close proximity to Atlantic beaches, a year round average temperature of 73.4 degrees, Sebastian is a welcoming city. Entertainment in Sebastian includes shops and restaurants, many churches, several City festivals each year, monthly arts and crafts shows, concerts in the park, a municipal golf course and airport, and a central location with easy access to 1-95 and the Florida Turnpike. Sebastian and the rest of northern Indian River County comprise one of the fastest -growing areas of Florida in the first decade of the 21 st century. Purpose The City of Sebastian is requesting proposals from qualified real estate developers/investors/operators for the purchase and redevelopment of city -owned property located at 100 Veterans Memorial Way, Sebastian, FL 32958 (former Public Works Compound) as a mixed -use commercial/industrial development on a 4.42+/- acre site, minus Veterans Memorial Way right of way. The site is located in the Sebastian CRA and lies within the Riverfront Performance Overlay and Sebastian Boulevard Triangle Overlay districts. The purpose of this solicitation is to offer the property for sale and re -development while at the same time promoting the goals and objectives for the implementation of the CRA plan to remove conditions of blight, increase the tax base, and enhance the quality of life. The City would desire a project that has the ability to provide adaptable mixed use development on the site. Visit the City of Sebastian webpage for information regarding the goals and objectives of the CRA Master Plan and applicable zoning criteria (www.cityofsebastian.org). Prolect Description and Available Information The Sebastian Boulevard Triangle is envisioned as a mixed -use district that will extend the town center outward from its traditional riverfront district into the developed business district along Sebastian Boulevard/County Road 512. As a gateway into the City of Sebastian riverfront district, the triangle area development is encouraged to have an attractive, well maintained, orderly and uncluttered appearance which will be characterized by impressive vegetation and landscaping; complementary buildings and signs with enhanced designs and aesthetic appearances; and a safe transportation system that accommodates mass transit, pedestrians, bicycles, and other transportation alternatives, as well as automobiles. The site is an important gateway property and the intention of the Sebastian CRA is to consider certain development that best captures the architectural appeal of the city as an "Old Florida Fishing Village" as well as develop the property into a vibrant, active, and dynamic keystone site that will further the CRA's goals and objectives. The development of a mixed use property is expected to serve as a catalyst for redevelopment. Proposals should consider incorporating in the project, to the maximum extent feasible, the City's planning objectives and principals including: • Enhance and connect open space • Livable approach to streets and uses • Enhance the CRA Sebastian Blvd Mixed -Use District The following attachments can be found at https://weblink.citvofsebastian.oru/WebLink/Browse.ast)x?id=236137&dbid=0&repo=City: • City of Sebastian's Community Redevelopment Master Plan • City Comprehensive Plan 2040 • Sebastian Boulevard Triangle Overlay District • Riverfront Overlay District Regulations 137 of 195 Page 7 of 32 RFP #23-11 HOMEOF PURCHASE AND REDEVELOP 100 VETERANS MEMORIAL WAY RAI Historically, this site has one documented release. On April 23, 1991, a Discharge Reporting Form (DRF) was submitted to FDEP following soil impacts noted during the 1991 removal of the 300-gallon diesel and 5,000- gallon leaded gasoline tank, which were previously installed October 1, 1984. A closure assessment report dated June 4, 1991, documented the removal of 770 cubic yards of soil based on field OVA data. Following the tank removal, a Contamination Assessment Report (CAR) was completed in May 1992, which included installing seventeen soil borings, slug testing, and installation and sampling of 4 shallow wells and one deep well. A RAP was submitted for the site October 5, 1993, proposing a pump and treat system. In October of 1994 a 10,000 gallon unleaded Aboveground Storage Tank (AST) and a 1,000 gallon diesel AST were installed. The pump and treat system, was installed in 1995 and ran for several months until the system was turned off due to lack of funding. Wells installed prior to 2006 had been destroyed or abandoned over the years thus in May of 2006, six shallow monitoring wells, one deep well, and 7 soil borings were installed as part of a Limited Contamination Assessment Report (LCAR). In 2018 groundwater sampling was completed and Natural Attenuation Monitoring (NAM) was proposed. Recent work includes additional assessment in preparation for a RAP. Contaminant levels appear consistent between June 2022 and January 2023; the recommendations include preparing a Pilot Test. The RAI provides updated groundwater data. One well was installed downgradient of the source to further delineate impacted groundwater. Levels have been generally consistent and require remediation. The full Remedial Action Interim Report (RAI) for the above referenced facility is available by request. Exhibit B includes a summary report and Figure 1 for reference. The Florida Department of Environmental Protection Brownfields Program offers a lot of incentives through their program such as voluntary cleanup tax credits (which can be used to repay loan), liability protections, and a Targeted Brownfields Assessment program that provides funding and assistance for assessment and cleanup activities. Exhibit C includes information about the Brownfield Redevelopment Program. The City will continue the monitoring and assessment for the site however the City would consider issuing a resolution entering into a Brownfields Site Rehabilitation Agreement with the successful Proposer. Proposal Process The CRA and the CITY are seeking an experienced and well financed developer that is capable of developing the Property. The Proposer must first submit a proposal meeting the requirements of this RFP including submitting detailed elevation drawings or other photos/illustrations and conceptual site development plan. If the developer is seeking waivers for development, they must specifically outline each request as a part of their proposal. Proposals will then be evaluated and ranked by the CRA Board. The top ranked proposer will then be invited to negotiate the terms and conditions of a written project agreement with the CITY. The selection of the top ranked proposer does not in any way form a contract with the CITY. Rather, it is simply an invitation to commence negotiations with the CITY to draft a mutually agreeable project agreement which shall be subject to consideration and final approval by the CITY COUNCIL. No guarantees or representations whatsoever are given by the CITY that the selected proposer will be able to successfully negotiate a written project agreement with the CITY COUNCIL, and neither is the CITY obligated or required to provide an executable project agreement. If selected and invited to negotiate a project agreement, the negotiation period shall not exceed three (3) months and can be terminated at any time by the CITY COUNCIL. Upon expiration or termination of the negotiations, the CITY COUNCIL may choose to negotiate with any other proposer or terminate the RFP at the CITY COUNCIL'S sole and absolute discretion. A contract is formed with the CITY only at such time the CITY COUNCIL and selected proposer approve and execute the written project agreement. Otherwise, the selected proposer, regardless of the fact that a proposal was submitted and the parties negotiated, has no rights whatsoever to acquire the subject property and/or construct a project on the property. Additionally, the selected proposers must be able to commit to begin construction of the mixed -use development within eighteen (18) months from the date that the site plan is approved by the CITY. The project agreement is expected to address the agreed upon terms and conditions of the project including, but not limited to, the proposed conceptual site development plan, building elevations, covenants, conditions, and restrictions, including covenants running with the land, as the CITY deems necessary or desirable to assist in Page 8 of 32 138 of 195 aft,( :1;0N HOME OF PELICAN ISLAND RFP #23-11 PURCHASE AND REDEVELOP 100 VETERANS MEMORIAL WAY preventing the development or spread of future slums or blighted areas or to otherwise carry out the purposes of this RFP which are to construct a mixed -use development, and such other design, permitting, financial, development schedules, and construction terms and conditions deemed necessary by the CITY. The CITY COUNCIL may accept such proposal and negotiate a written agreement as it deems to be in the public interest and in furtherance of the purposes of the CRA's Redevelopment Plan. The Project Agreement, if successfully negotiated, shall be subject to such covenants, conditions, and restrictions, including covenants running with the land, as the CITY COUNCIL deems necessary or desirable to assist in preventing the development or spread of future slums or blighted areas or to otherwise carry out the purposes of this RFP. Further, the CRA lacks authority to grant variances, waivers, or other land use approvals in the City of Sebastian, which is exclusively within the jurisdiction of the Sebastian CITY COUNCIL. Accordingly, proposers should anticipate that it will be required to negotiate a separate development agreement with the City of Sebastian to approve conceptual development plans and address other matters for which the CITY COUNCIL retains exclusive authority, such as vacation of rights -of -ways. Again, no guarantees or representations whatsoever are given by the City of Sebastian that the selected proposer will be able to successfully negotiate a written development agreement with the Sebastian CITY COUNCIL, and neither is the City of Sebastian obligated or required to provide an executable development agreement. 1.5 MINIMUM REOUIREMENTS Each firm must satisfy the minimum requirements listed below to be considered. Firms that do not meet the minimum requirements as determined by the City, at its sole discretion, will be deemed non -responsive and not considered for award. All decisions made by the City are final. All Proposers must demonstrate the following: L Proposer, or at least one of its General Partners, must be operating as the same business entity for a minimum of five (5) years; and 2. Proven experience of successfully developing properties continuously for a minimum of five (5) years; and 3. Financial ability to provide the proposed redevelopment; and 4. No tax delinquency as an individual or member of a Corporation or Partnership; and 5. No unabated code violations for other properties within the City of Sebastian; and G. No creation of a non -conforming use. SECTION 2 — PURCHASE AGREEMENT DETAILS Upon the City Council's acceptance of a proposal, the successful Proposer shall enter into a Purchase Agreement for the purchase of the property. A sample Purchase Agreement is included as Exhibit "C". The Agreement will be subject to the following terms: 1) A Special Warranty Deed shall be prepared at the City's expense which states the City is conveying the Property in "as is" condition. A Title Commitment and/or Insurance shall be procured by the successful bidder, and obtained by said bidder within thirty (30) days after the effective contract date. Purchaser shall pay the cost thereof as well as the cost of any update. Purchaser shall have fifteen (15) days from the date of receiving said commitment of title to examine same. Failure of bidder to timely obtain title information shall not extend the time for closing. If title is found to be defective due to conditions or restrictions other than those set forth herein, Purchaser shall, within said period, notifv the Citv Attorney in writing, specifying the defects. If the said defects, other than those set forth herein, and that the title was obtained by or through a tax deed, render the title unmarketable, the City shall have one hundred twenty (120) days from receipt of such notice to cure the defects, and if after said period the City shall not have cured the defects, Purchaser shall have the option of (1) accepting the title as it then is, or (2) demanding a refund of all monies paid hereunder which shall forthwith be returned to Purchaser, and thereupon the Purchaser and the City shall be relieved of all further obligations. 2) An updated survey of the property, if desired, shall be obtained and paid for by the Purchaser. 139 of 195 Page 9 of 32 RFP #23-11 PURCHASE AND REDEVELOP 100 VETERANS MEMORIAL WAY 3) State documentary stamps on the deed shall be paid by the Purchaser. 4) Certified, confirmed and ratified special assessment liens shall be paid by the City at the time of closing. The City represents that there are no pending liens at this time affecting the property which have been made by the City and to the best of its knowledge, there are no other pending liens affecting the property. However, if at the time of closing there shall be new or future pending Hens, Purchaser shall assume the same. 5) The Purchaser shall pay the cost of recording the deed. 6) The Purchaser shall pay the cost of his/her, or its own attorneys and any title commitment and/or insurance. 7) The deposits will be in good faith and will be deducted from the amount proposed to purchase property to determine balance due at closing. Ten (10) business days following City Council approval of the negotiated Purchase Agreement, selected Purchasers deposits are non-refundable. 8) Closina shall be done by a Closing Arent, paid by the Purchaser. and take place within ninetv (90) days from the date of the Agreement, in the office of the City Attorney or Closing Agent's Office. The time for closing shall be extended as may be deemed necessary by the City. Should closing not occur within the time frame or any extensions granted, the City has the right but not the obligation to terminate any and all agreements and retain the property or rebid the property. 9) The successful Proposer if financing must obtain financing within fifteen (15) days following City Council approval of the negotiated Purchase Agreement, and evidence shall be provided to the City that financing has been obtained. If evidence is not provided within the fifteen (15) day time period, the City has the right to either provide an additional ten (10) working days extension, or terminate the process and move to the next preferred applicant. 10) It is understood and agreed that the terms of the RFP documents, proposal submission with proposed use and Purchase Agreement survives after Closing. The Purchase Agreement shall survive the conveyance of title, particularly with respect to any act or event which may take place after such conveyance and which affects the rights of the parties hereto. 11) The City has not employed any Real Estate Brokers in connection with the sale of the property being offered herein, nor is it in any way liable or responsible for any real estate brokerage or other similar commission claimed as the result of any sale made of the property herein offered. SECTION 3 — PROPOSAL FORMAT & REQUIREMENTS The Proposal shall be limited to no more than twentv (20) rages (NOT including the required forms listed in Section 3.9.) Any responses exceeding twenty (20) pages, NOT including the required forms, will be considered non -responsive and not considered for award. You are expected to use Tabs dividing each section (tabs will not be included/counted in the twenty (20) pages). 3.1 COVER LETTER Proposer shall submit a letter of interest signed by an authorized representative that can contractually obligate and bind the firm. The Proposer or authorized representative is attesting that the information provided is current and factual. The letter shall include: • Date • Proposers Information (history, length of existence & business structure) • Representatives Contact Information (telephone number and email address) • Proposer's federal taxpayer identification number • Confirmation of Proposer meeting ALL minimum requirements listed above in Section 1.5. • Type of ownership, if applicable (small business, small disadvantaged business or women -owned business) • A detailed description of the nature and status of any pending or completed litigation claims made, contract disputes, alleged defaults and liens arising in connection with the performance of any services by your 140 of 195 Page 10 of 32 iT1 Y RFP #23-11 HOME OF PELICAN ISLANDT PURCHASE AND REDEVELOP 100 VETERANS MEMORIAL WAY company or by current or former members of your firm, within the last three years. If proposer intends to utilize subcontractors or sub -consultants, provide similar information for the subcontractors/sub-consultants. 3.2 TABLE OF CONTENTS Include a clear identification of the materials included in the Proposal by numbering them and providing the proper page number. OUALIFICATIONS (TAB 11 3.3 PROPOSER QUALIFICATIONS A detailed summary of the developer's experience in the acquisition and development of CWR or mixed -use development. A brief description of at least three (3) most comparable projects that has been successfully developed. Provide the name, address, photographs, and references. NOTE: The use of past project photos, renderings and graphics are highly encouraged. 3.4 TEAM QUALIFICATIONS • Team members and credentials Include information for the proposed Master Planner, Architect, or Contractor for the project Provide up to two comparable projects undertaken, as part of this team or separately by each professional. (Note which projects the professional consultants and contractors provided the services on behalf of the Proposer). Team credentials include, but are not limited to, specialized qualifications, education and experience. Brief background outlining relevant work performed within the last five (5) years. Provide the Florida registration numbers of professional personnel. Resumes shall not exceed one (1) page per person, if applicable. PROPOSED USE (TAB 2) 3.5 PROPOSED USE OF SITE • Describe the proposed use of the site. • Include conceptual plans, elevations, renderings, etc. Anticipated square footage per use, estimated parking counts, and number of stories in proposed structures, if applicable. • A conceptual site development plan, drawn to scale, evidencing that the plan will satisfy current zoning requirements for a "CommerciaVMixed-Use building type, to the extent that a development agreement is approved, and the planning objectives of the Sebastian CRA Master Plan, and overlay performance criteria. • CoIored renderings of the site and front, back and side elevations of building (s) and decorative structures such as hardscape features and entrance signs. • Describe the organization and future plans of the proposed end users of the site; include information on past and future business operations of the user. Provide market -based data supporting demand and feasibility as well as estimated rental rates/sales prices (if applicable). 3.6 PROPOSED COMPLETION TIME • Describe proposed completion time for this redevelopment, outline time frames for site planning, permitting, construction, etc. FINANCIAL REOUIREMENTS (TAB 3) 3.7 FINANCIAL ABILITY • Provide sufficient evidence of having, or the ability to secure within fifteen (15) days of award, financial resources to complete the proposed project in a timely fashion and provide long-term financial support to the project after built. 141 of 195 Page 11 of 32 CMOF RFP #23-11 HOME OF PELICAN ISLAND PURCHASE AND REDEVELOP 100 VETERANS MEMORIAL WAY Funding Mechanism. Explain the proposed funding mechanism amount (i.e. how the redevelopment will be funded) timefirame and terms. The applicant is responsible for all building and other permits and fees which are associated with the proposed project unless otherwise contractually noted. Prospective bidders may submit bank documents that support their application. Reauested Waivers. A summary of any relief to be proposed from the Land Development Code or the Riverfront Overlay District for items such as building size, height, coverage, material finishes, parking requirements, or landscaping; or a summary of any relief to be proposed from fees associated with site plan review of the property. Proposed Purchase Price. A summary statement of the proposed purchase price for the subject property. NOTE: This evidence can be shown by the Proposer's audited or compiled financial statements, or signed letters from banks or equity sources with verifiable funds to complete the project. Such letters must be on bank or equity source letterhead and include details of the financial entity's experience in working with the Proposer on similar - sized or larger projects and their willingness to consider funding the proposed project subject to successful negotiations and due diligence. 3.8 CONFIDENTIAL INFORMATION: Pursuant to section 119.071, Florida Statutes, any financial statements that the City requires to be submitted may be exempt from the Public Records Law. Therefore, any submitted financial statements that the Proposer wishes to remain confidential shall be submitted in a sealed opaque envelope and marked "Confidential Financial Statement Enclosed." By submission of a response to this RFP the proposer agrees to indemnify and hold the City harmless should any information marked as confidential knowingly or unknowingly be released as the result of a public records request. REOUIRED FORMS (TAB 4) 3.9 FORMS All Forms required by the RFP shall be fully executed by the Proposer and submitted. Refer to Section b. SECTION 4 — EVALUATION PROCESS During the evaluation process and until an award has been made by City Council, Proposers are prohibited from discussing anvthing concerning this RFP with City staff, any member of the Evaluation Committee or Citv Council. 4.1 EVALUATION CRITERIA The City reserves the right to reject any and all proposals, or to accept any proposal or portion thereof deemed to be in the best interest of the City, and to waive any non -substantial irregularities. The Best Value Evaluation System is a subjective process that reviews all proposals to determine which proposal provides the best value to the City. The establishment, application and interpretation of the evaluation criteria below shall be solelv within the discretion of the City. Weight for each criterion is shown below. Evaluators will be responsible for giving a score (0-4), see Scale below for point determination. Scale 0 (0%) — Non -Responsive 1 (25%) — Missing/Lacking/Insufficient Evidence Provided 2 (50%) — Partial/Basic Evidence Provided 3 (75%) — Sufficient/Adequate/Appropriate Evidence Provided 4 (100%) — Exceeds/Outstanding/High Level Evidence Provided Company & Team Qualifications (10 POINTS) - Years of experience, past projects and credentials will be considered. 142 of 195 Page 12 of 32 RFP #23-11 FIOME of PEiiCAN iSvtiND PURCHASE AND REDEVELOP 100 VETERANS MEMORIAL WAY Proposed Use & Completion Time (10 POINTS) - The site lies within the CWR zoning district, which allows for a variety of both commercial and residential uses. A specific timeline and schedule must be included, with additional considerations given for economic and taxable values based on the proposed use. Financial Ability (15 POINTS) - Demonstrate the ability to finance, as well as promote the likelihood of future viability with the proposed site. Conforms to Master Plan and District Overlays (30 POINTS) - Specific redevelopment shall meet the goals and objectives found in the CRA Master Plan and the Riverfront Overlay District guidelines. Purchase Price (35 POINTS) 4.2 REVIEW 4.2.1 All proposals submitted on time will first be reviewed by the Procurement Division to determine responsiveness to confirm minimum requirements are met. 4.2.2 The CRA Board shall act as the Evaluation Committee and independently review and evaluate all responsive proposals received based on the criteria above and discuss their evaluation at the initial Evaluation Committee Meeting. With consensus of the Evaluation Committee, either a recommendation for award will be made to City Council or a request for the top ranked firms to give oral presentations may be made. The City reserves the right, at its sole discretion, to waive immaterial irregularities in proposals if in the best interest of the City. The City reserves the right to determine, at its sole discretion, whether the criterion is satisfactorily met based on the Scale established in this RFP. The City reserves the right to seek clarification from any Proposer(s). 4.3 AWARD The purpose of this RFP is to award one (1) Purchaser, to purchase the referenced property mentioned above in Section IJ., Scope of Services. It is most common, not guaranteed, that the Proposer(s) who scores the highest number of points will be recommended to City Council for award. The City reserves the right to accept or reject any or all proposals deemed as not responsive. The City reserves the right to cancel this RFP and re -solicit or not re -solicit as determined to be in the City's best interests. SECTION 5 — GENERAL CONDITIONS 5.1 CONE OF SILENCE Potential Proposers shall not communicate in any way with City staff, CRA Board or the City Council other than the primary contact listed herein. This restriction shall be effective from the time of advertisement until an award is made by the City Council. Such communication may result in disqualification. 5.2 ADDENDA Addenda may be issued in response to any inquiry received by the Question/Answer deadline date and time specified herein or to provide revisions, additions, deletions, clarification, etc. Addenda shall become part of and have precedence over anything shown or described otherwise. If not mentioned in the addenda, all other documents, specifications, drawings, terms and conditions remain the same. It is the Proposer's responsibility to ensure receipt of all addenda and acknowledge all addenda issued. Where there appears to be a conflict between Solicitation and any addenda, the last addendum issued shall prevail. 5.3 CONFIDENTIAL INFORMATION Pursuant to Section 119.071, Florida Statutes, if there is any of the information contained in a response that a Proposer feels is "confidential" and exempt from the Public Records Law (i.e. financial statements), the Proposer must in the response specifically identify the material which is deemed to be exempt and citM oWsauthority Page 13 of 32 mr SEAT" �. RFP #23-11 HOME Of rWCM 15ME) - �— PURCHASE AND REDEVELOP 100 VETERANS MEMORIAL WAY for the exemption, otherwise, the City will treat all materials received as public records. Therefore, any submitted financial statements that the Proposer wishes to remain confidential shall be submitted in a sealed opaque envelope and marked "Confidential Financial Statement Enclosed." By submission of a response to this RFP the proposer agrees to indemnify and hold the City harmless should any information marked as confidential knowingly or unknowingly be released as the result of a public records request. 5.4 OUESTIONS AND/OR REOUESTS FOR CLARIFICATION Any questions and/or requests for clarification regarding this Solicitation shall be submitted in writing to the Procurement/Contracts Manager via email at dwixon(&citvofsebastian.ora. Proposers must clearly understand that the only official answer or position of the City will be the one issued by the Procurement/Contracts Manager via an Addendum. The Solicitation number and title shall be referenced on all correspondence, include locating information for each question in order to ensure that questions asked are responded to correctly. All questions must be received no later than the time and date specified in the RFP. All responses to questions/clarifications will be published in the form of an Addendum. NO QUESTIONS WILL BE RECEIVED VERBALLY OR AFTER DEADLINE STATED HEREIN. Addendum(s) will be made available on the City's websitc, DemandStar.com and VendorLink.com and it is the Proposer's sole responsibility to assure receipt of all (if any) Addenda. 5.5 PROPOSALS NOT CONSIDERED Proposals not considered are late submissions, telegraphed, emailed or faxed proposals and proposals which do not conform to the instructions contained in the Request for Proposals. However, Proposals may be withdrawn by fax or email, provided that such notices are received prior to the Solicitation Opening date and tinge and confirmed by a telephone call. 5.6 LATE PROPOSALS Late Proposals will not be opened. Proposers have the option of picking up or paying for the mailed return of the unopened Proposal. If this option is not exercised within five (5) days of the solicitation due date, the late unopened Proposal will be disposed. 5.7 PROPOSAL GUARANTEE The Proposer warrants that the unit prices, terms, and conditions quoted in the proposal will be firm for acceptance for a period of not less than one -hundred twentv (120) days from the solicitation opening date. Such unit prices, terms and conditions will remain firm for the contract period. 5.8 SEALED PROPOSALS Proposals shall be enclosed in a sealed envelope which shall show (lower left corner) the Proposer's name and address, RFP number and title, along with the solicitation due date and time. The Proposal shall be submitted no later than the solicitation due date and time mentioned on the Request for Proposal. The City may choose whether to open any proposals that are not clearly marked at the City's sole discretion and will not be held responsible for not opening any Proposals that are not clearly marked. Proposals shall be handwritten or typed with (black or blue) ink. Any erasures or corrections must be initialed by the Proposer in blue ink. Handwritten submissions must be legible. Pronosals shall be submitted to Citv Hall, 1225 Main Street Sebastian. FL 32958. ProDosals that are submitted to other locations or delivered to the wrong location may not be considered. It shall be the sole resuonsibility of the Droaoser to ensure their DroDosai is at the Droner location and at the time specified in the proposal documents. 5.9 RFP OPENING Proposers are welcome to attend the solicitation opening; however, attendance is not mandatory. Proposals shall be opened and publicly announced on the date, time and location specified on the Request for Proposal, unless otherwise stated in the form of an addendum. Proposals received will be posted within thirty (30) business days to DemandStar.com, Vendorlink.com and the City's website. 144 of 195 Page 14 of 32 RFP #23-11 HOME OF PELICAN ISLAND PURCHASE AND REDEVELOP 100 VETERANS MEMORIAL WAY 5.10 PROPOSAL EXAMINATION In accordance with Chapter 119, Florida Statutes, solicitation files will be made available for public inspection at the time the City posts notice of its decision or intended decision concerning contract awards, or thirty (30) days after the solicitation opening, whichever is earlier. Solicitation files may be examined during normal working hours, by appointment only, by contacting the City Clerk's office at 772-589-5330. 5.11 INDEMNIFICATION/HOLD HARMLESS The CONTRACTOR shall indemnify, defend and hold harmless the CITY, and its officers and employees, from all claims, demands, liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the CONTRACTOR and other persons employed or utilized by the CONTRACTOR in the performance of the agreement; regardless of the negligence of the indemnitee or its officers, directors, agents, or employees. However, such indemnification shall not include claims of, or damages resulting from, gross negligence, or willful, wanton or intentional misconduct of the indemnitee or its officers, directors, agents or employees. Upon request of the CITY, the CONTRACTOR shall, at no cost or expense to the CITY, indemnify and hold the CITY harmless of any suit asserting a claim for any loss, damage or liability specified above, and CONTRACTOR shall pay any cost and reasonable attorneys' fees that may be incurred by the CITY in connection with any such claim or suit or in enforcing the indemnity granted above. Nothing in this agreement shall be construed as the CITY waiving its sovereign immunity pursuant to 768.28, et seq., Florida Statutes, or any other sovereign or governmental immunity. This provision shall survive the termination of this bid. 5.12 REJECTION OF PROPOSALS The City reserves the right to reject any and all Proposals, to waive any and all informalities not involving price, time, or changes in the work, and to negotiate contract terms and conditions with the top ranked Proposer IAW F.S. 287.055(5), and the right to disregard all non -conforming, non -responsive, imbalanced, or conditional Proposals. More than one Proposal from an individual, firm or association under same or different names, will not be considered. Any or all Proposals will be rejected if there is reason to believe that collusion exists among the Proposers, and no participants in such collusion will be considered in future Proposals for the same work. 5.13 CORRECTIONS, CANCELLATION, & WITHDRAWAL Proposers may be asked to provide further information after the solicitation opening to determine the responsibility of the vendor. 5.13.1. Waiver of Technicality: Information shall not be considered after the bid opening if it has been specifically requested to be provided with the Proposal as this becomes a matter of responsiveness. The Proposal shall be considered responsive if it substantially conforms to the requirements of the RFP. The City may waive any informality, technicality, or irregularity on any bid. A minor or non -substantive lack of conformity may be considered a technicality or irregularity which may be waived by the City. 5.13.2. Mathematical Errors: Errors in extension of unit prices or in mathematical calculations may be corrected. In cases of errors in mathematical computations, the unit prices shall not be changed. 5.13.3. Cancellation or Postponement: The City may cancel or postpose the solicitation opening or cancel the RFP in its entirety prior to award. 5.13.4. Withdrawal: Prior to any published bid opening date and time, a Proposer may withdraw his or her Proposal in writing. A fax or email is permitted for this purpose, provided it is confirmed by a telephone call. 5.13.5. Amendments: Prior to the published Solicitation Opening date and time, a Proposer may amend the Proposal provided that it is in writing, in a sealed envelope, and identified. 145 of 195 Page 15 of 32 RFP #23-11 HOME OF PURCHASE AND REDEVELOP 100 VETERANS MEMORIAL WAY 5.14 EXCEPTIONS TO SPECIFICATIONS Request for exceptions to the specifications shall be listed in the proposal and shall reference the section. Any exceptions to the General or Special Conditions may be cause for the proposal to be considered non -responsive. 5.15 SUBCONTRACTORS AND EMPLOYEES, The Proposer is required to identify any and all Sub -consultants and/or suppliers and/or material men that will be used in the performance of the proposed Agreement and to clearly identify in their Proposal the percentages of Work to be performed by their Sub -consultants. 5.16 RFP AWARD The contract/agreement will be awarded to the most responsive and responsible Proposer(s) whose proposal, conforming to the specifications and terms the City considers is most advantageous. The Procurement/Contracts Manager shall issue a Notice of Award to the successful Proposer and post the results on the City's website and DemandStar. 5.17 WAIVER OF IRREGULARITIES The City may waive minor informalities or irregularities in Proposals received where such is merely a matter of form and not substance, and the correction or waiver of which is not prejudicial to other Proposers. Minor irregularities are defined as those that will not have an adverse effect on the City's interest and will not affect the price or terms of the Proposal by giving a Proposer an advantage or benefit not enjoyed by other Proposers. 5.17.L In no event will any such elections by the City be deemed to be a waiving of the required criteria for the requested services. 5.17.2. The Proposers who are selected for the Project will be required to fully comply with the Project criteria, regardless that the Solicitation may have been based on a variation. 5.17.3. Proposers shall identify separately all innovative aspects as such in the technical Solicitation. Innovation should be limited to Proposers means and methods, approach to Project, use of new products, and new uses for established products. 5.18 COUNCIL MEETING The awarded Proposer must be available to attend City Council meetings, when required. The awarded Proposer must be prepared to answer any questions and/or provide a presentation if requested by City Council and/or authorized by City representative(s). The date and time of the City Council meeting will be publicly noticed. 5.19 SALES TAX Although the City of Sebastian is exempt from Federal and State Sales and Use taxes, Contractors or Vendors doing business with the City are not exempted from paying said taxes to their supplier for goods or services purchased to fulfill the contractual obligations with the City, nor shall any Contractor or Vendor be authorized to use the City's Tax Exemption Number in securing such materials. 5.20 TERMINATION FOR CAUSE OR CONVENIENCE - The agreement resulting from this RFP can be terminated immediately for cause if Contractor is found to have failed to perform services in a manner satisfactory to the City; or for convenience upon thirty (30) days' written notice to the Proposer. In the event of either termination, the Proposer shall be compensated for all services performed to the City's satisfaction. The City shall be sole judge of non-performance. 5.21 DISCRIMINATION The Proposer shall not practice or condone personnel or supplier discrimination of any nature whatsoever, in any manner proscribed by Federal or State of Florida laws and regulations. The City of Sebastian will not knowingly do business with vendors, proposers, or contractors who discriminate on those protected by state and federal law. Through the course of providing services to the City, Proposers/Contractors shall affirmatively comply with all applicable provisions of Title VI of the Civil 146 of 195 Page 16 of 32 RFP #23-11 HOME OFPEUCAk1SUND PURCHASE AND REDEVELOP 100 VETERANS MEMORIAL WAY Rights Act of 1964, the Civil Rights Restoration Act of 1987 and the Florida Civil Rights Act of 1992, as well as all other applicable regulations, guidelines and standards. Any person who believes their rights have been violated should report such discrimination to the City. 5.22 PUBLIC RECORDS Section 119.01 Florida Statutes, The Public Records Law, provides that municipal records shall at all times be open for personal inspection by any person. Information and materials received by the City in connection with all Proposers' responses shall be deemed to be public record subject to public inspection and copying at the time the City posts notice of its decision or intended decision concerning contract awards, or thirty (30) days after the solicitation opening, whichever is earlier. IF THE PROPOSERICONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT JEANETTE WILLIAMS, THE CITY CLERK AND CUSTODIAN OF PUBLIC RECORDS AT 772-388-8215 / EMAIL iwi1IiamsQcitvofsebastian.orq CITY OF SEBASTAIN, 1225 MAIN STREET, SEBASTIAN, FLORIDA 32958. 5.23 PUBLIC MEETING EXEMPTIONS In accordance with Fla. Stat. §286.0113, any portion of a meeting in which (1) negotiations with a vendor is conducted as part of the "competitive negotiation" process AND/OR (2) a vendor makes an oral presentation or answers questions as part of the "competitive solicitation" process, are exempt from public meeting requirements The City will post notice of its decision or intended decision concerning contract awards, or thirty (30) days after the solicitation opening, whichever is earlier. Any portion of a committee meeting at which negotiation strategies are discussed is exempt. A complete record shall be made of any portion of an exempt meeting; no portion may be held off the record. The recording of and any records presented at the exempt meeting are exempt from Fla. Stat. § 119.071 until such time as the City posts notice of its decision or intended decision concerning contract awards, or thirty (30) days after the solicitation opening, whichever is earlier, at which point the complete record becomes public and subject to Section 119.01 Florida Statute, The Public Records Law. 5.24 PROTEST PROCEDURE Any Bidder/Proposer who is aggrieved in connection with a competitive selection process may protest to the Procurement/Contracts Manager. The protest shall be submitted in writing within three (3) calendar days after the Bidder/Proposer knows or should have known of the facts giving rise to the protest. Failure of the Proposer to file a timely formal written Protest within the specified time period shall constitute a waiver by the Proposer of all rights to Protest. The formal written Protest must provide documentation which shall specify in detail the nature of the grievance and the grounds upon which any relief, modification or change is based. If the protest is not resolved by mutual agreement or if the protestor disagrees with the decision of the Procurement/Contracts Manager, the protestor may appeal the decision to the City Manager and/or City Council, within seven (71 calendar days of initial decision. Stay of Procurement — In the event of a timely and properly fled protest, the Procurement/Contracts Manager shall not proceed further with the solicitation or award until all administrative remedies have been exhausted, or until the City Manager or City Council, as appropriate, makes a determination on the record that the award of a contract is necessary to protect substantial interests of the City. SECTIONS BELOW REFERENCED ON FORM F - NOTIFICATIONS AFFIDA VIT 5.25 CONFLICT OF INTEREST The resulting agreement is subject to the provisions of Chapter 112, Florida Statutes. All Proposers/Contractors/Consultants must disclose within their bid/proposal to the City of Sebastian the name of 147 of 195 Page 17 of 32 RFP 423-11 HOME OF PELICAN ISLAND PURCHASE AND REDEVELOP 100 VETERANS MEMORIAL WAY any officer, director, or agent who is also an employee of the City of Sebastian (hereinafter the "City"). Furthermore, all Proposers/Contractors/Consultants must disclose the name of any City employee who owns, directly or indirectly, an interest of more than five percent (5%) in the firm of any of its branches. Please submit to the City all information on any potential conflict of interest related to provision of the goods or services requested in this Solicitation. The purpose of this disclosure is to give the City the information needed to identify potential conflicts of interest for evaluation by the team members and other key personnel involved in the award of this contract. The term "conflict of interest" refers to situations in which financial or other personal consideration may adversely affect, or have the appearance of adversely affecting, an employee's professional judgment in exercising any City duty or responsibility in administration, management, instruction, research, or other professional activities. 5.26 NO LOBBYING All Proposers/Contractors/Consultants or and its officers, partners, owners, agents, representatives, employees or parties in interest are hereby placed on notice that any communication, whether written or oral, with City of Sebastian elected officials or any other staff or outside individuals working with the City in respect to this request (with exception of the Procurement Division personnel designated to receive requests for interpretation or corrections) is prohibited. These persons shall not be lobbied, either individually or collectively, regarding any request for bid, proposals, qualifications and/or any other solicitations released by the City of Sebastian. To do so is grounds for immediate disqualification from the selection process. The selection process is not considered final until such time as the CRA Board and City Council have made a final and conclusive determination. 5.27 NO COLLUSION Proposer/Contractor/Consultant and its officers, partners, owners, agents, representatives, employees or parties in interest, swears and attests that it is fully informed respecting the preparation and contents of the attached Solicitation, and of all pertinent circumstances respecting the provision of the goods or services to the City of Sebastian_ The Proposal, offer or submittal being made is genuine and is not collusive or a sham. By submitting a response to this RFP, Proposer certifies that all information contained in the submittal is truthful to the best of their knowledge and belief. Proposer further certifies, under oath, that this submittal is made without any colluded, conspired, connived or agreed, directly or indirectly, with any other firm, person or corporation responding to this solicitation for the same product or service. 5.28 IMMIGRATION LAWS The City will not intentionally award City contracts to any Firm who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in an 8 U.S.C. Section 1324 a(e) (Section 274A (e) of the Immigration and Nationality Act ("INA"). Refer to E-Verify Acknowledgment in solicitation documents. 5.29 DRUG -FREE WORKPLACE In accordance with Florida Statute Section 287.087, Proposer/Contractor/Consultant certifies that the following: (1) A written statement is published notifying that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the workplace named above and specifying actions that will be taken against violations of such prohibition. (2) Employees are informed about the dangers of drug abuse in the work place, the firm's policy of maintaining a drug free working environment, and available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug use violations. (3) Employees are notified that as a condition of working on the commodities or contractual and will notify the employer of any conviction of, plea of guilty or nolo contendere to, any violation of Chapter 1893, or of any controlled substance law of the State of Florida or the United States, for a violation occurring in the work place, no later than five (5) days after such conviction, and requires employees to sign copies of such written (*) statement to acknowledge their receipt. 148 of 195 Page 18 of 32 Cm If rilm�p RFP #23-11 NWE of rrucas ISMD PURCHASE AND REDEVELOP 100 VETERANS MEMORIAL WAY (4) Requires the satisfactory participation in, a drug abuse assistance or rehabilitation program, if such is available in the employee's community, by any employee who is so convicted. (5) Makes a good faith effort to continue to maintain a drug free work place through the Implementation of the drug free workplace program. (6) Gives each employee engaged in providing commodities or contractual services that are under bid or proposal, a copy of the statement specified above. 5.30 PUBLIC ENTITY CRIMES A "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or Agreement for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. "Convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. "Affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means: (1) A predecessor or successor of a person or a corporation convicted of a public entity crime, or (2) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime, or (3) Those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate, or (4) A person or corporation who knowingly entered into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months. Proposer certifies that neither the entity submitting, nor any of its officers, directors, executives, partners, shareholders, employees, members or agents who are active in management of the entity, nor any affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July 1, 1989. Where the Proposer is unable to certify to all of the statement above, Proposer shall attach an explanation to this submittal. 5.31 DEBARMENT AND SUSPENSION Proposer certifies to the best of its knowledge and belief that it and its nrincinals: a. Are not presently debarred, suspended, proposed for disbarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; b. Have not within a three-year period preceding this application been convicted of had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or Local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and d. Have not within a three-year period preceding this application had one or more public transactions (Federal, State or local) terminated for cause or default. e. Proposer must submit their Company Profile Page from SAM with their proposal. f. City of Sebastian will not make an award to parties listed on the government -wide exclusions in the System for Award Management (SAM). 149 of 195 Page 19 of 32 RFP #23-11 TOME OF PELICAN ISLAND PURCHASE AND REDEVELOP 100 VETERANS MEMORIAL WAY Where the Proposer is unable to certify to all of the statements above, Proposer shall attach an explanation to this submittal. 5.32 SCRUTINIZED VENDOR Proposer certifies under Denalties of Deriurv. as of the date of this solicitation to provide hoods and/or services to the City of Sebastian, that it: (1) Does not participate in a boycott of Israel; and (2) Is not on the Scrutinized Companies that Boycott Israel List; and (3) Is not on the Scrutinized Companies with Activities in Sudan List; and (4) Is not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; and (5) Has not engaged in business operations in Cuba or Syria. Submitting a false certification shall be deemed a material breach of contract. The City of Sebastian shall provide notice, in writing, to the Contractor of the City's determination concerning the false certification. The Contractor shall have ninety (90) days following the receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If the Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Florida Statute § 287.135. Section 287.135, Florida Statutes, generally prohibits state agencies and departments, and local government entities from: 1) Contracting with companies for goods or services in any amount if at the time of bidding on, submitting a proposal for, or entering into or renewing a contract if the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a boycott of Israel; and 2) Contracting with companies, for goods or services over $1,000,000.00 that are on either the Scrutinized Companies with Activities in Sudan List, or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473, Florida Statute, or have been engaged in business operations in Cuba or Syria. SECTION 6 — REQUIRED FORMS PROPOSAL CHECKLIST Please use the following checklist as a reference to confirm all requirements are met in your RFP Proposal. The bid shall be limited to no more than twenty (20) pages (NOT including required forms). Any resaonses exceeding twenty (20) Daaes. NOT includine the required forms. will be considered non -responsive and not considered for award. You are expected to use Tabs dividing each section (tabs will not be included/counted in the twenty (20) pages). Cover Letter (Refer to Section 3.1) Table of Contents (Refer to Section 3.2) TAB I - QUALIFICATIONS Company Qualifications (Refer to Section 3.3) Team Qualifications (Refer to Section 3,4) TAB 2 - PROPOSED USE Proposed Use of Site (Refer to Section 3.5) Proposed Completion Time (Refer to Section 3.6) TAB 3 - FINANCIAL REQUIREMENTS Financial Ability (Refer to Section 3.7) TAB 4 - REQUIRED FORMS (Refer to Section 6) I Contact Information Sheet — FORM A 150 of 195 Page 20 of 32 RFP #23-11 HOME OF KUCAN ISLMD PURCHASE AND REDEVELOP 100 VETERANS MEMORIAL WAY Addenda Acknowledgment — FORM B Proposed Purchase Price - FORM C Proposer's Disclosure — FORM D E-Verify Acknowledgement — FORM E Notifications Affidavit — FORM F Minority, Women and Disabled -Owned Business Concern Representation — FORM G Please be advised that this checklist should not be interpreted as a comprehensive list of all information required by this Solicitation front prospective Bidders. It simply serves as a reference or guide for the most significant documents to be included in the bid and should be enhanced as deemed necessary. It is solely the Bidder's responsibility to read and understand all requirements and adhere to all issued Addenda. 151 of 195 Page 21 of 32 RFP #23-11 PURCHASE AND REDEVELOP 100 VETERANS MEMORIAL WAY MAILING LABEL Proposer must submit proposal in a sealed envelope/box/container: One (1) original proposal, including the deposit is required. Eight (8) copies of the proposal are required. One (1) USB with an electronic version is required. Cut along the outer border and affix this label to the sealed envelope/box/container to identify the submission as a Scaled Proposal. SEALED RFP - DO NOT OPEN SOLICITATION A RFP 23-11 SOLICITATION Sale of City -Owned Property "100 Veteran TITLE: Memorial Way" (Former Public Work DUE Friday, duly 21, 2023 @ 2:00 PM EST DATE/TIME: SUBMITTED BY: Proposer's Name Proposer's Address Proposer's Address City of Sebastian ATTN: Procurement Division DELIVER TO: 1225 Main Street Sebastian, Florida 32958 152 of 195 Page 22 of 32 FORM A RFP #23 -11 HOME Proposals due by 2:00 PM EST on PURCHASE AND REDEVELOP 100 VETERANS MEMORIAL WAY CONTACT INFORMATION SHEET Friday, July 21, 2023 All physical, in person submissions must be delivered or mailed to: City of Sebastian ATTN: Procurement Division 1225 Main Street Sebastian, Florida 32958 SOLICITATION RELEASE NO.: DATE: RFP 23-11 05/14/2023 SOLICITATION TITLE: CONTACT: Don Wixon Procurement/Contracts Manager (772)388-8231 Check Addenda for revised due dates before Sale of City -Owned Property 11100 Veterans Memorial Way' submitting your Bid. Late Bids will not be (Former Public Works Compound) accepted. Firm's Name and "Doing Business As", if applicable: Address: City: State: Telephone No: I Fax No: E-Mail Address of Authorized Representative: MINIMUM REQUIREMENTS Federal Tax Identification Number: Zip Code: Firms that do not meet the minimum requirements as determined by the City, at its sole discretion, will be deemed non -responsive and not considered for award (refer to page 6, Section 1.5). By placing a checkmark next to each requirement, Proposer is confirming the requirement is met. € Proposer, or at least one of its General Partners, must be operating as the same business entity for a minimum of five (5) years; and €Proven experience of successfully developing properties continuously for a minimum of five (5) years; and € Financial ability to provide the proposed redevelopment; and €No tax delinquency as an individual or member of a Corporation or Partnership; and BID/PROPOSAL CERTIFICATION I certify that I have carefully examined the RFP document and associated documents, including Addenda, accompanying or made a part of this solicitation. I further certify that all information contained in this proposal is truthful to the best of my knowledge and belief and that I am duly authorized to submit this proposal on behalf of the company named above and that the company is ready, willing, and able to perform if awarded. Printed Name Title The City reserves the right to reject any and all proposals, or to accept any proposal or portion thereof deemed to be in the best interest of the City, and to waive any non -substantial irregularities. Failure to fully complete and submit this Information Sheet may result in resection of the submittal. 153 of 195 Page 23 of 32 FORM B I RFP #23-11 OFrEuCMISUwu PURCHASE AND REDEVELOP 100 VETERANS MEMORIAL WAY ADDENDA ACKNOWLEDGEMENT Proposer's Name: Proposer shall indicate below all Addenda received. Acknowledgement confirms receipt and understanding of issued Addenda. Proposer understands that failure to acknowledge any addenda issued may cause their proposal to be considered non- responsive. To confirm the number of addenda (if any), Proposer may contact the Procurement Division at (772) 388-8231. ADDENDDUM# DATE RECEIVED 1 7 3 4 5 6 7 8 9 10 No Addenda was received in connection with this solicitation. Signature: Title: Print Name: Date: Failure to fullv complete, sign and submit this Form may result in resection of the submittal 154 of 195 Page 24 of 32 illl Y SIE13ASTN FORM C RFP #23-11 HOME OF PELICAN ISLAND PURCHASE AND REDEVELOP 100 VETERANS MEMORIAL WAY PROPOSED PURCHASE PRICE FORM herein called the Buyer(s), hereby offer(s) and agree(s) to purchase from the City of Sebastian, a Municipal Corporation, hereinafter called the City, at the price subject to the terms, conditions, reservations, restrictions, and covenants herein stated, (see attached(s)), and easements, encumbrances and other matters of record, and to all zoning, building or other Laws or Ordinances, the following described property. In order to constitute an acceptable offer to purchase, all information requested below must be provided. The form must be submitted with proposal. Proposer's Name: Proposer's Address: City, State, Zip: Phone Number: Email Address: Insert in the "Proposed Purchase Price" column, the total amount you agree to pay for the property. Entries must be typed or clearly printed in ink. Use of erasable ink is not permitted. Strikeovers, changes, and corrections by the Proposer must be initialed. Questionable entries will be rejected. ADDRESS PROPOSED PURCHASE PRICE 1215 Indian River Drive Sebastian, FL 32959 $ INTENDED USE (PLEASE CHECK) TENDED Residential I I Commercial 1-1 Mixed Use PROPOSER'S ACKNOWLEDGMENT The Proposer understands that information contained on this Proposed Purchase Price Form is to be relied upon by the City of Sebastian in awarding the specified RFP, and such information is warranted by the Proposer understands that the City has the right to verify the information submitted and to seek any additional information relating to the Bidder's qualifications. The discovery of any misstatement, which in the sole opinion of the City materially affects the Proposer's qualifications to perform, shall cause the rejection of the Proposal, and if after the award, to cancel the sale of agreement. The Proposer acknowledges that the deed will include a clause stating that the property reverts to the City of Sebastian if substantial compliance with the provisions of the proposal is not met according to an agreed upon timeline. Signature: Title: Print Name: Date: Failure to fully complete, sinn and submit this Form may result in reiection of the submittal 155 of 195 Page 25 of 32 5E M�N FORM D RFP #23-11 HOME of PEucnN IRMAN — PURCHASE AND REDEVELOP 100 VETERANS MEMORIAL WAY PROPOSER'S DISCLOSURE FORM The undersigned certifies under oath the truth and correctness of all statements and all answers to questions made hereinafter. Additional sheets may be attached if required. Proposer's Name: Address: Contact Person: Title: Phone No.: Email Address: Federal Identification No.: This Business is: ( ) An Individual O A Partnership ( ) A Corporation Proposer's License No., it applicable: *Attach certificate of status, competency, and/or state registration (1) Has your firm or any of its officers, received a reprimand of any nature or been suspended by the Department of Professional Regulations or any other regulatory agency or professional association within the last five (5) years? YES ❑ NO (2) Has your firm, or any member of your firm, been declared in default, terminated or removed from a contract or job related to the services your firm provides in the regular course of business within the last five (5) years? YES NOEJ (3) Has your firm had against it or filed any request for equitable adjustment, contract claims, bid protest, or litigation in the past five (5) years that is related to the services your firm provides in the regular course of business? YES NO (4) Describe each affiliation or business relationship with an employee, board member, elected official(s) or an immediate family member of any such person of the City of Sebastian. If none, write NONE. (5) Describe ANY other affiliation or business relationship that may cause a conflict of interest. If none, write NONE. If yes, state the nature of the request for equitable adjustment, contract claim, litigation, or protest, and state a brief description of the case, the outcome or status of the suit and the monetary amounts or extended contract time involved. ■ a a a ■ a ■ ■ a ■ ■ ■ ■ a ■ ■ ■ ■ a ■ ■ a ■ ■ ■ a a ■ ■ ■ ■ ■ ■ a ■ ■ a ■ ■ a ■ ■ ■ a ■ ■ a ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ a ■ ■ a A A a a a a ■ ■ a a a ■ ■ ■ ■ ■ ■ a ■ ■ ■ ■ a ■ ■ a 1 CONTINUED NEXT PAGE 156 of 195 Page 26 of 32 F.NUEPABF HOME OF KUCAN ISLAND PURCHASE AND REDEVELOP 100 VETERANS MEMORIAL WAY I hereby certify that all statements made are true and I agree and understand that any misstatement or misrepresentation or falsification of facts shall be cause for forfeiture of rights for further consideration of this proposal for the City of Sebastian. Signature Date Failure to fullv complete, sign and subunit this Disclosure may result in resection of the submittal 157 of 195 Page 27 of 32 CM Y SEBASWkN FORM E RFP #23-11 HOME OF PELICAN ISLAND PURCHASE AND REDEVELOP 100 VETERANS MEMORIAL WAY E-VERIFY ACKNOWLEDGMENT Effective January 1, 2021, public and private employers, contractors and subcontractors will be required to register with, and use the Employment Eligibility Verification System (E-Verify) to verify the work authorization status of all newly hired employees. The E-Verify system can be obtained at the U.S. Department of Homeland Security website: htti)://www/dhs.gov/E-Verify. "Contractor" means a person or entity that has entered or is attempting to enter into a contract with a public employer to provide labor, supplies, or services to such employer in exchange for salary, wages, or other remuneration (also referred to as Vendor or Consultant). "Subcontractor" means a person or entity that provides labor, supplies, or services to or for a contractor or another subcontractor in exchange for salary, wages, or other remuneration (also referred to as Sub -Vendor or Sub -Consultant). Vendor/Consultant/Contractor acknowledges and agrees to utilize the U.S. Department of Homeland Security's E-Verify System to verify the employment eligibility of: All persons employed by Vendor/Consultant/Contractor during the term of the contract, (including assigned sub- vendors/sub-consultants/sub-contractors), to perform employment duties within Florida and any work in pursuant to the contract with the City. By entering into a contract with the City, the Proposer/Contractor/Consultant becomes obligated to comply with the provisions of Section 2. Section 448.095, Fla. Stat., "Employment Eligibility," as amended from time to time. This includes, but is not limited to, utilization of the E-Verify System to verify the work authorization status of all newly hired employees, and requiring all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an unauthorized alien. The contractor shall maintain a copy of such affidavit for the duration of the contract. Failure to comply will lead to termination of resulting contract, or if a subcontractor knowingly violates the statute, the subcontract must be terminated immediately. Any challenge to termination tinder this provision must be filed in the Circuit Court of Indian River County, Florida no later than 20 calendar days after the date of termination. If the resulting contract is terminated for a violation of the statute by the Contractor, the Contractor ntay not be awarded a public contract for a period of I year after the date of termination. I hereby acknowledge and agree that use of the U.S. Department of Homeland Security's E-Verify System during the term of the contract is a condition of the resulting contract with the City of Sebastian. Company Name: Authorized Name: Title: Signature: Date: Proposer must submit their Company Profile Pate from E-Verifv with their bid. State of County of This instrument was acknowledged before me on [Notary Scat] (Date) Notary Public Signature Failure to fully complete, sign and submit this Affidavit may result in reiectiou of the subunit 158 of 195 Page 28 of 32 FORM F RFP #23-11 of PURCHASE AND REDEVELOP 100 VETERANS MEMORIAL WAY NOTIFICATIONS AFFIDAVIT (Print Authorized Name) (Title) (Company Name) affirm that I read and understand, as well as accept all requirements and regulations listed in sections 4.27 — 4.35 of the above referenced solicitation document to include the following notifications: • Conflict of Interest • No Lobbying • No Collusion • Immigration Laws + Drug -Free Workplace • Public Entity Crimes + Debarment and Suspension, Proposer must submit their Companv Profile Page from SAM with their bid. • Scrutinized Vendor • Performance Evaluation Signature: Date: �k�H:k3r�Sx�Fsc�'r:Fk�F4r:4�F�'ca'ck*aF9:�Fk�:�r�F3c�:��F9r�h•oFk�Frc�r•3*����kk9:xk�F:Y:I'ic�F�;��x�*kxk3: k3:3r�1•�rk9r�rke`rA�k�F-Ic-F,�c*�Fir3:irk�L'�cA�Fkir.yic�Fisir�:�:3: State of County of The foregoing Affidavit was acknowledged before me on (DATE). [Notary Seal] Notary Public Signature Failure to fully complete. sign and submit this Affidavit may result in reiection of the submittal 159 of 195 Page 29 of 32 lh IN FORM G RFP #23-11 HWE OF nUCAN 15MD PURCHASE AND REDEVELOP 100 VETERANS MEMORIAL WAY MINORITY. WOMEN and DISABLED -OWNED BUSINESS CONCERN REPRESENTATION Minority -Owned Business: a minority -owned business concern means a business concern that: (1) is at least 51 percent unconditionally owned by one or more individuals who are considered to be a member of a minority group, or a publicly owned business having at least 51 percent of its stock unconditionally owned by one or more members of a minority group; and (2) has its management and daily business controlled and operated by one or more such individuals. Individuals who certify that they are members of minority groups (African Americans, Hispanic Americans, Native Americans, Asian -Pacific Americans, Asian -Indian Americans, and other minorities) are to be considered minority -owned enterprises. Women -Owned Business: a business that is at least 51 percent owned by a woman or women who also control and Operate it. Disabled Owned Business: a business that is at least 51 percent owned by a person or persons with severe physical or mental disabilities, which substantially limits one or more of the person's major life activities and which person or persons control, and operate such business. "Control" in this referenced context means exercising the power to make policy decisions. "Operate" means being actively involved in the day- today management of the business. The City of Sebastian shall rely on written representations of concerns regarding their status as minority/women/disabled-owned businesses. Proposer agrees to submit information regarding the minority ownership of its subcontractors on request. COMPLETE THE SECTION BELOW AND RETURN THIS FORM WITH BID. FAILURE TO DO SO MAY RENDER THE OFFEROR'S BID UNACCEPTABLE. A. Representation. The Proposer represents that it is ( is not ( ) a minority -owned business concern. B. Representation. The Proposer represents that it is O, is not ( ) a women -owned business concern. C. Representation. The Proposer represents that it is O, is not ( ) a disabled -owned business concern. Please Check ADnronriate Box/Boxes € African American€ Caucasian (CAUC) € Native American (NAAM) (AFRAM) € Hispanic American€ Asian -Pacific American (ASIAP) € Asian Indian (ASIAI) (HISP) American € Other, please identify: € Woman Owned (W) € Disabled Owned (D) The Proposer has / has not used the following procedures in searching for and obtaining suppliers and subcontractors: • Place Minority -Owned Businesses on solicitation lists. • Ensure that Minority -Owned are solicited whenever they are potential sources. • Consider contracting with consortia of Minority -Owned Businesses when an intended contract is too large for any one such firm to handle on its own or, if economically feasible, divide larger requirements into smaller transactions for which such organizations might compete. • Make information on contracting opportunities available and establish delivery schedules that encourage participation by Minority Owned Businesses. • Use the services and assistance of the SBA and Department of Commerce Minority Business Development Agency, as appropriate. 160 of 195 Page 30 of 32 c� Ima 5EBA l M 7 HOME OF PELICAN ISLAND Company Name Address Phone # RFP #23-11 PURCHASE AND REDEVELOP 100 VETERANS MEMORIAL WAY City Zip State Email Address FEIN # Signature of Company Official Print Name Date 161 of 195 Page 31 of 32 EpCn, cR �" ~TIAN HOME OF PELICAN ISLAND RFP #23-11 PURCHASE AND REDEVELOP 100 VETERANS MEMORIAL WAY SOLICIATION INFORMATION FORM Please submit this form to assist us in learning more about how our solicitation opportunities are most often found. Company's Name: Company Address: Phone No: Please tell us how you found out this Request for Proposals was released/available (marls all that applies): Indian River Press Journal (TCPaIm) DemandStar/Onvia City of Sebastian Web Site Other (please specify below) 162 of 195 Page 32 of 32 EXHIBIT A PROPERTY INFORMATION 163 of 195 1AM MU100 /J AntIU U M" LIN ! nn. 11m1.u"a UK jzrrl(C.Y Up 1.1111,U11 4-vuAl 11VL1An AAVL' K 1.V rL, IM 3007 PG: 2M 3/15/201710:42 AM Re Frolesslonal • . ,than River, Inc. DECLARATION OF UNITY OF 7TW 1546 N US ;�..�a,: f g � 329513 r' CITY OF SEBASTIAN a W MREAS, the undas*ed is the fee simple owner (s) of the fallowing descrr'bad pmperty situate in Mellen Rim County. Florida; And; See attached Exhibit 1 See attached EddMt,' 2 WHEREAS, the und'er*ted has made application far issuance of a development order affecting the above deaenW parcels, and WHEREAS, the parcels asset the required for isannce of mwh devalopnzw order only if the pa ceb are held as a single parcel of laud. NOW. THEREFORE. the cad, in consideration of the issuance of said develapment order by the City of Sebastian, b►dian River CAanty, Flodda, covenanb that the abOV041050ribeil parcels of had will be held in soar ownership as a single parcel of land and win ear be subdivided. Any omvayance, eucumbranee. or lease of less thaw all of dw above•desmbad parcels (but not inchdiag a eonvep= of sn undivided interest, renramder mterest, life estate, or esbb for years in tba entire pacers or the grant of a PubUe-utility or drainage easemmt over a portion of the parc@Q without the recorded written consent of the City of Sebastian stall be a violation of this covenant and may result in the property being in violation of the ordinances of the City of Sebastian, and Such violation shall rat be allowed to contimre punng to Article VM of fire Land Developmait Code. This restrictive covenant ahall run with the land and shall be binding on the undersIBu d's mmeasso rs in title. Witness the hand and seal of the undersigned, ddsh day o , 2. S presancx. b< - Si of Witness S14gna of Applicant / /J�' � 0 p Cynthia M. Rich pdataodName. �' C,�/LL 1hf Sigaahn of� Printed Name: Cathy L. Snow SigauM of Witness SignUM of Applicant Printed Name: Printed Name: SigQaun of Witness Printed Name: 165 of 195 1 STATE OF FLORIDA COUNTY OF 111DIAN RIVER The huhu neat was acknowledged before me this �V day offi" h , ZO /7 by �a ScP t-, rr ff iiY , who is Ursa_ RXIMM—to me or p (identiScadon . NOTARY D LIC Cynthia M. Hlch MMMA OCH My on number: W�eeEBM M ion ices• 5/ r� �p�s �P�Alo17unda�dlen Y W The undmmip4 as the owner end holder of a mortgage an one or more of die above dembed parcels6 hereby johm in this declaration for the purposes ., , , , o 1 therein. Signed in our promm Mortgagee Br Signature of Witness Signature Printed Name: PdnW Name: Signatm of Witness Printed Name: STATE OF FI.ORIDA COUNTY OF RC&W RIVER The forgoing hwhument was aclamowledged before me this „ day of , as (title) for ( 0P) Who is P IY l WWD to me or profited NOTARY PUBLIC My commission number: My cos expires; (identifific�tion). 166 of 195 Full Legal Description for Parcel 31390706060300000006.0 Parcel: 31390700000300000006.0 1 full Legal Description FR NE COR OF NW 1/4, RUN W ALONG N BDRY 3 00.4 FT TO FOB: S 146.55 FT TO CL OF ST RD 5I2; SWLY 90 FT ; NWLY TO PT WHICH IS 113 FT W OF POW RUN E ALONG N LINE SEC 7 TO POB AS R BK 88 PP 60 LESS RD R/W (OR BK 428 PP 330) pant ( close A7 7-Al, x A, 14 , t 2— Page 1 of 1 I ,1n s/S httpJ/www.ircpa.orW Tools/Ful]Legal.aspx?ParetUD-31390700000300000006.0 MY2017 16V of M ' Full Legal Descriptlon for Parcel 3139060000050P000024.0 Page 1 of 1 Parcel: 31390600000500000024.0 1 Full Legal Desedoon 7.5 A 1N SWl/4, D BK 3, PP 279 LESS E 28 85 FT OF S 433 FT THEREOF & LESS N 267.25 FT AS MEASURED A LONG RR R/W AS PER OR BK 708 PP 819 pdW I close http://www.irepa.org/Tools/FuliLegal.aspx?ParcellD=31390600000500000024.0 168 #1017 Indian River County Property Appraiser PROPERTY 30819 R COMM 1CI2012015 OWNER ID Legal Description 141322 7.5 A IN SW114, D BK 3, PP 279 LESS E 2885 FT OF S 433 FT THEREOF & LESS N 267,2 5 FT AS MEASURED ALONG RR RAN AS PER ORBK 708 PP a19 31390600000500000024.0 3ITUS 100 VETERANS MEMORIAL WAY SEBASTIAN, FL 32958 i GENERAL F F UTILITIES LAST APPR, BA TOPOGRAGPHY LAST APPR. YR 2022 ROAD ACCESS LAST INSP. DATE 03125/2022 ZONING PS NEXT INSP, DATE PRIMARY USE 8900 # OF €MPRV 4 NEXT REASON REMARKS BUILDING PERMITS I ISSUE DT PERMIT TYPE PERMITAREA ST PERMIT VAL 12101/2021 CLF I 2.695 0712012020 AC I 4.000 PROPERTY APPRAISAL INFORMATION 2023 CITY OF SEBASTIAN TAX AREA: 2B 1225 MAIN ST *30819* SEBASTIAN. FL 32958 ACRES: 4.1300 APPR VAL METHOD: Cost QBA_ SOH %: 0.00 NSOH 54 °%: 0.00 NSOH 55 %.- 100.00 SKETCH FOR IMPROVEMENT #1 EX-LGVT IMPROVEMENT VALUE LAND MARKET TOTAL MARKET VALUE AG VALUE PRODUCTIVITY LOSS ASSESSED VALUE EXEMPTION VALUE TAXABLE VALUE EXEMPTIONS Local government property exemption 2023-0-30819-141322 423,682 + 458,750 = 882.432 0 0 882,432 882,432 = 0 CA43C PICTURE STOR SGAR .�.� ' � • SALES INFORMATION L� - ` - - --- . - - SALE DT PRICE GRANTOR BEE INFO STOR 06313900000500000024.0 RUbId : flmd RRHp 99ol:e,00 lsov/;y rli ne R: �uP�i��. ,,�,;, �I.foA IiIINF �ncw: -b.� A71 nM SAY iH.iY` snLeraan_ 400 e1� MAN N TYPE 3KAPE MTNn CLAe8MUR OvahtT IF SERel1i wsPT„ nl�te URn PNCIY'UNfflt OWLT Err YR CORn VAIIfE AA Plm [{pR mm con, AOJ AnJ VALUE Ir IMPROY[1.fCNTf AT 6' 1 .SGAR )MM C1 AV 100 0.00 0.00 1,924.0 66.72 1 1992 1992 AV 128,369 74.00% 0.74 94.993 o C-JrnoN Lgwm ua DFaeraPTM Ulm- conE 2 STOR )MM C! AV 100 0.00 0.15D 308.0 66.72 1 1992 1992 AV 24,553 74.00% 0.74 18.169 Cailfn9 0.00 No Celllng Ceiling 0.00 No Ceirreg 3 CAN3 )MM C1 AV 100 0.00 0.00 1,500.0 20.02 1 1992 1992 AV 30.030 74.00% 0.74 22= Depreciation Table 0.00 Commercial Ble Depreciation Table 0.00 Commercial 1 4 OFFG )MM C! AV 100 0.00 0.00 360.0 66.72 1 1992 1992 AV 24,Ot9 74,00% 0.74 17,774 Exterior 100.00 Concrete Block Exterior 100,00 Concrete i310 5 AAPV 41SC C1 AV 100 0.00 0.00 2,692.0 2,99 1 1992 1992 AV 8.647 74.00% 0.74 6.399 FloorTypo 0.00 Concrele Slab FloorType 0,00 Concrete Sla 6 CAN3 )MM C1 AV 100 0.00 0.00 540.0 20.02 1 1992 1992 AV 10,011 74.00% 0.74 8,000 Fmrno GrouA ID 0.00 0.00 Masonry Industrial Gurus Frame Grou111D 0.00 Masonry 7 STOR AIM G1 AV 100 0.00 0.00 306.0 61.51 1 1992 1992 AV 111,022 74.00`/, 0.74 13,928 HC&V 10.00 Packapa HC&V 0,00 30,00 industrial Grc Pockage 1 Service Garage LJYIn Araa: �- (E1992I Momesite: N ?45251 U_ ving Aroa: 2,958 181 A85 Plumbing 0.00 Plumbing PFumbinD 0.00 Plumbing g ... - - .....7,890.0 . .......... . .......... ....... - _ _ ...... - .. Reof Type 0.00 Gable Roof Type 0.00 Gable Roving i00,00 Composttion.5' .j"r,g 100.00 Composition, Special Rate O.DD Special Raln Special Rate 0.00 Special Rafo Unils Type 3.00 Bays. S.Stetlon. Units Type 3.00 Bays, S.Siati RBeldl' 611e6. rR1111RsM17i.j0 P+'+1 lUBLET: � LAID YA[.UATtOR et#WMb: _ -_ [*prAy; ,nn F„•• on w.ri: ARDOl1L"rilaTf A{.1fA !�! La MtrminON ,To"M LUSE RML CL% TAIM Ra htm UM19 URrTPRICE CRD63VAL AD] [L DAW 6RC MKT VAL ,A ACRES AOMM AOTADLG AQUNRPRC An VALUE 1 Square Feet PS 89A SPECIAL N so 179902.00 SO 3,00 539,706 1.00 0.85 A 458,750 tJ 0.00 0 Land Total: 456.750 O '-h Ic 179907-0000 458,750 0 Page 1 of 4 Effective Dole of Appraisal: January Date Printed: 0111312023 1:36:30PM by 1n01 Wab1D-30819 j Irdma RhW Ca" RW* APp ahw PROPER Y APPRAISAL INFORMATION2023 2023-0-=19-141=j PROPERTY 30819 R COMM 10/20/2015 OWNERID-. CITY OF SEBASTIAN TAX AREA: 2B IMPROVEMENT VALUE 423.682 Legal DaaerFptJon 141322 1225 MAIN ST .308 9a LAND MARKET + 458,760 7.5 A IN SW1/4, D SK 3, PP 279 LESS E 2885 FT OF S 433 SEBASTIAN FL 3208 TOTAL MARKET VALUE _ 882,432 FT THEREOF & LESS N 2672 5 FT AS MEASURED ALONG ACRES: 4.1300 AG VALUE - 0 RR RAN AS PER ORBK 708 PP 819 APPR VAL GIffT110D: Coat PRODUCTIVITY LOSS 0 SOH %: 0.00 ASSESSED VALUE a 8OZ432 31390600000500000MO DBA: NSOH 54 %; 0.00 EXEMPTION VALUE a 882.432 SAS 100 VETERANS MEMORIAL WAY SEBASTIAN, FL 32958 NSOH SS Si: 100•00 TAXABLE VALUE o 0 GENERAL SKETCH FOR IMPROVElMENT02' EXEMPTIONS j UTILITIES LAST APPR 38t1 n TOPOGRAGPHY LAST APPR.YR 10 ROAD ACCESS LAST INSP. DATE ZONING NEXT INSP. DATE I - "- {p) I PICIM PRIMARY USE # OF IMPRV r NEXT REASON f1} REMARKS SHACK Iku:1764 fM 13111LDING PERT ITS $ &1LM RVORMATION 3at I TRH' r iYro rIMB rnlG ClA6MDt! Ill 11 i. i 7F1i R 7VIIBl9Yi 'ifii� 7R ? �MW MW color VAWC rare nM EV= nW Corr i3it8� smtll AW AMVAILa ' - __ . I�.,,�' :•��af��_ • SNAC )ADA G A 1.784 0 79A7 1 19M 1979 AV 140.186 46.40% 0.45 65.048 64ZCluraolr � 0.00UNDS 0 00 com orf Pf� Type Dryvr� lklfta Type 2 CAN2 3MM G AV 100 0.00 0.00 33.0 15.69 1 1979 1979 AV 524 46.40% OAS 243 Tebla 0.00 Camnenia! Bk 2 Storage Wmuhouse Ling Arne: 1,797.0 (EIM) Homesits: N 140,709 LN-bg Area: 1,7dt 85 289 _tedwa)epracktbn :xterlor 100.00 Conerete Block BREAK ROOM 40otTYpe 0.00 Concrete Slab •tame 0.00 Masmw ircup ID 0.00 ConnereW On IC&V 100.00 Pedmpe tmlbtrlp 2.00 PhanbbV twType MOD Gable toothm 50.00 Composition, Si too" 50.00 Comyosit % R. .TpeeJel Role 0.00 Spodal Rate ieutor sriao: Meto� ausifi iiuorAinArar >letr+ralc .c�.e�r - - _ idt4;;;ri-- - - grwii�' -- :. _ . .� -- u eCaClePeOM zc"m um SM as tA= ma 11m own; Ue PM= QM=VAL AM eAWAM SM mmvn rt0 AOIR6 A 036 AOTAM J O O _ J LIM COW 0.00 square feel i AsuWp1C AOVALW Page 2 of 4 EfiecbW Data of Appraisal: January Dam Primed: 01113/2023 1:39:30FM by tool WebID30819 Indian River Cm* Properly Appraiaer PROPERTY APPRAISAL INFORMATION 2023 2023-0-=19-1413221 PROPERTY 30819 R COMM 10/201201S OWNER ID: CITY OF SEBASTIAN TAR AREA: 2B IMPROVEMENT VALUE 423,682 Legal Desc#&m 141322 7.5 A IN SWIM. D BK 3. PP 279 LESS E 2W5 FT OF S 433 1225 MAIN ST •30819 LAND MARKET 458,750 FT THEREOF & LESS N 267.2 5 FT AS MEASURED ALONG SEBASTIAN, FL 32958 TOTAL MARKET VALUE a SSZ432 RR RW AS PER ORBK 70a PP 819 ACRES: 4.1300 AG VALUE _ 0 APPR VAL METHOD: Cost PRODUCTIVITY LOSS = 0 31390500000500000024.0 DBA SOH % 0.00 ASSESSED VALUE 882,432 SITUS 100 VETERANS MEMORIAL WAY SEBASTIAN, FL 32M NSOH 54 %: 0.00 EXEMPTION VALUE a 882AM NSOH 55 X 100.00 TAXABLE VALUE a 0 GENERAL SKETCH'FOR IMPROVEMENT #3 1 EXEMPTUM UTILITIES LAST APPR. } TOPOGRAGPHY LAST APPR. YR ROAD ACCESS LAST INSP. DATE ZONING NEXT INSP. DATE I i PRIMARY USE # OF IMPRV ! PICTURE 1 NEXT REASON REMARKS 100R BUH.DMIG PERIM � sToa � uu wooH t0oft SALES WFORMATION . _7l ... REMM r the cause mm ceAsarsa .. .. y y � 1� � wrrmso aooat��R � trocsxrsrAnn:rs 1 • STOR )MM Sf o�ai� AV 100 0.00 0.00 ,�il�'�a�IORIi.��.l�fh oGol� vuw7oq o� rwc COW 4.000.0 41 M 1 19M 19M AV 166AM 82.00% AW Aa,vxine 0.82 13UU ° txra coos t ESCRun r. 2 UT2N ew S! AV 100 10.00 20.00 200.0 8.12 1 2WT 2W7 AV 1.624 88.80% 0.89 1,442 Ceft 0.00 No Ceft 3 UT2N eSC Sf AV 100 12.00 24.00 28&0 8.12 1 2015 2015 AV Z339 94.40% 0.94 2,M Depreda*m Table 0.00 Conrnaodai Bic 3 - Storage vvarotat�se Sh4itn Area; _ . .. 4 ...:. (. ...)....... _ N ......... LMr�g AnrC 104fl 140.195 ExWdor pow Type 10o.09 0.00 MetalparAh Concale Stab Franc 0.00 RiOd Sted Frm Group tD MOD Imhmaf Gr= Phmfty 1.00 Phmfto Rout Tvpe 0.00 GobSe RoeM 100.00 Meta cmmau Speokd Rate 0.00 Spestai Rate Urft Type &00 Bays. S.Roft% — ttatt nwoactrwtrvAiuAttora . Zomm LAID! SM CU TAWW !!! latrf L"TFAM aitOtl VAL AW tAWAW an ow"L � ACM Aat= MUM 1101t rm AAD" Plop 3 of 4 Etfsc&m Data of ApprnlW: Jammy Date Printea oflimo 3 1:36:30PM by ta01 WOND-30819 Utdlan River County Property App miser PROPERTY APPRAISAL INFORMATION 20M pROpERTY 30819 R COMM 10f2012016 OWNER ID: CITY OF SEBASTIAN TAX AREA: 2B Legal Desar4mon 141322 1225 MAIN ST •3081 g• 7.5 A IN SW114, D BK 3, PP 279 LESS E 2885 FT OF S 433 SEBASTIAN, FL 32958 FT THEREOF & LESS N 2872 5 FT AS MEASURED ALONG ACRES: 4L1300 RR RNV AS PER ORSK 708 PP 818 APPR VAL METHOD: CDsI SOH W 0.00 31390800000500000024.0 DBA: NSOH 54 7G: 0.00 STWS 100 VETERANS MEMORIAL WAY SEBASTIAN, FL 32958 NSOH 55 %: 100.00 SAL SKETCH INFORMATION UTILITIES TOPOGRAGPHY ROAD ACCESS ZONING PRIMARY USE NEXT REASON REMARKS LAST APPR. LAST APPR. YR LAST INSP. DATE NEXT INSP. DATE # OF IWW BUILDING PERMR8 SALES INFORMATION IMPROVEMENT VALUE LAND MARKET + TOTAL MARKET VALUE a AG VALUE a PRODUCTIVITY LOSS ASSESSED VALUE a EXEMPTION VALUE TAXABLE VALUE _ EXEMPTH)US 2M3-0-=194413M j 423,682 458.760 BBZ432 0 0 882,432 682.432 0 aaGe.. f%a� �++� p� . i4,; I, , nwrsruno�r aTn arwn.arR w+ri OBr [lnln B111T mAt Cam YAL18 CVII PM'f! EOON H111C COW M AY �,��� 1 rraTiue�► A 11 Trr� Wthm rno ansarsue 1 AAPV OSG •1 `! uiRilll AV 100 MOD 0.00 ► 7.5W.0 2.98 1 19M 1999 22A25 82.00% OA2 18,3W WSMPT O11 LIM CODE AGO tom eoaa 2 GLFBI esG '/ AV 100 0.00 0.00 1.880.0 9S5 1 1999 1999 18.909 82.O0% 0.82 15,505 3 COW esc '/ AV 100 MOD 0.00 924.0 2.99 1 2000 2000 Z763 83.00% M83 2,2M 4 CLF61 45C '/ 0.00 0.00 55.0 9.56 1 2021 2021 AV 625 00 co% 1.00 Sty 4 +WERCIAL MISCELLAN9 Area . 10.459.0 (E1999) Hornaslte: N 44,622 LMng Ana: a 38,712 asa NOW nrmaae Y n6N saeWr.: Ewedw IRMA6 k ai» r� 1.Imm 1am ftiN a0LUSE sm Lif TAaia "s Un" NGr MCC GRM VAL AM LA1mAQ1 W= EKTVAL AL ACM AGUM AOTAINX Aamfnpm ADVAtt! Page 4 of 4 Effecow Date of Appraisal: January Dole Printa& OU13/2023 1:38:30PM byta0l W091-80818 EXHIBIT B REMEDIAL ACTION INTERIM (RAI) REPORT 2023 175 of 195 ��• enviroi Environmental Services March 9, 2023 Mr. Francis M. Tackett Environmental Specialist I Brevard County Natural Resources Management Department 2725 Judge Fran Jamieson Way, Bldg. A, Room 219 Viera, Florida 32940 Re: Remedial Action Interim Report Sebastian City Public Works Dept. 100 Veteran's Memorial Way Sebastian, Indian River County FDEP ID: 5318840952 CODOA9 Task 1 Dear Mr. Tackett: EnviroTrac Ltd. Inc. (EnviroTrac) is pleased to provide Brevard Natural Resources Management Department (BCNRD) with this Remedial Action Interim Report (RAI) for the above referenced facility. This report provides updated groundwater data prior to moving forward with Remediation. The ensuing supplemental investigation, summarized in the following, was conducted in accordance with the requirements of Chapter 62-780 Florida Administrative Code (FAC). The scope of work associated with this RAI Report includes the installation of one shallow well (MW- 17) and gauging and sampling of fourteen onsite and offsite wells. Two wells (RW-1 and MW-7D) were also repaired. This report provides a summary of groundwater laboratory data from samples recovered in January 2023. Facility Description The subject site is currently owned by the City of Sebastian and was used as a Public Works office and vehicle/equipment storage facility. The 3.1-acre site is situated at the southeast corner of the Veteran's Memorial Way and Sebastian Boulevard intersection and can be accessed from either street. The facility is currently closed but was previously utilized for maintenance and repair of City vehicles. Also, construction materials and vehicular fuel are stored on -site. The facility is improved with a concrete block office building, a larger concrete block garage building, and a metal storage building. Two aboveground fuel storage tanks (ASTs) and associated dispenser pumps are located at the southern portion of the site, just north of the metal storage building. The site is further improved with asphalt -paved parking and drive areas. The facility historically operated two (2) underground storage tanks (leaded gasoline and diesel fuel), which were removed in 1991. The USTs were located north of the office building and are the subject of cleanup activities. A site map illustrating the current site layout is included as Figure 1. Facility History Historically, this site has one documented release. On April 23, 1991, a Discharge Reporting Form (DRF) was submitted to FDEP following soil impacts noted during the 1991 removal of the 300- gallon diesel and 5,000-gallon leaded gasoline tank, which were previously installed October 1, 5349 56"' Commerce Park Blvd, Tampa, FL 33610 (813) 626-8443 Fax: (813) 628-8479 ww_w.envirolrac.com Offices in NY. NJ FL, MA. MD, AA, GA. NC, WY, VA 176 of 195 City of Sebastian Remedial Action Interim Report March 2023 1984, A closure assessment report dated June 4, 1991, documented the removal of 770 cubic yards of soil based on field OVA data. Following the tank removal, a Contamination Assessment Report (CAR) was completed in May 1992, which included installing seventeen soil borings, slug testing, and installation and sampling of 4 shallow wells and one deep well. in 1992 and 1993 several CAR responses to comments were completed including a CAR addendum dated March 17, 1993, which included installing 3 additional shallow monitoring wells and recommended a Remedial Action Plan (RAP). The CAR was approved April 30, 1993. A RAP was submitted for the site October 5, 1993, proposing a pump and treat system. The DEP required additional assessment prior to implementation of the RAP. A supplemental RAP summarizing the installation of an additional shallow well and deep well was provided April 5, 1994. In October of 1994 a 10,000 gallon unleaded Aboveground Storage Tank (AST) and a 1,000 gallon diesel AST were installed. The pump and treat system, was installed in 1995 and ran for several months until the system was turned off due to lack of funding. Wells installed prior to 2006 had been destroyed or abandoned over the years thus in May of 2006, six shallow monitoring wells, one deep well, and 7 soil borings were installed as part of a Limited Contamination Assessment Report (LCAR). A LCAR Addendum was submitted July 2007 and summarized installing additional shallow monitoring wells and soil borings. It should be noted that as site work was completed by new consultants, the monitoring wells were numbered re -starting with MWA each time; duplications identified include descriptions of the historic locations in the Tables. In 2018 groundwater, sampling was completed and Natural Attenuation Monitoring (NAM) was proposed. Recent work. includes additional assessment in preparation for a RAP. A Pre -RAP teleconference was conducted June 24, 2021; a review of historical data, the need for additional assessment ! delineation, and potential pilot testing was discussed. Supplemental site assessment activities were conducted in June 2022. Six soil borings were advanced to delineate onsite soil impacts. No positive OVA responses (Table 1) were recorded in the vadose zone. Six soil samples were recovered from the vadose zone. Soil analytical results (Tables 2A-213) indicated all parameters tested below Cleanup Target Levels (CTLs)_ Five shallow monitoring wells were installed and groundwater samples collected from ten monitoring wells. Groundwater analytical results reported CTL exceedances in wells MW-2, MW-3R, MW-9, MW-10R, and MW-16. The highest contaminant concentrations were seen in MW-16. The following recommendations were made' installation of one well downgradient of MW-16, pilot: testing, and future sampling events should include wells MW-3R, MW-6, and MW-7D. Monitorinq Well Installation On December 28, 2022, EnviroTrac personnel oversaw the installation of one shallow groundwater monitoring well (MW-17). The monitoring well was instailed downgradient of MW- 16 to delineate the groundwater impacts onsite. The shallow monitoring well was installed by Preferred Drilling Solutions via hollow stem auger. The well was installed to a total depth of twelvE� ft BLS and constructed with a ten foot section of machine -slotted Poly -vinyl chloride (PVC) well screen (two [2]-inch diameter, Schedule 40 PVC, 0.010-inch screen slot size) flush threaded to two feet of solid PVC riser. The annular space was filled with 20130 silica sand up to one fool above the top of the screen interval, followed by one-half (0.5) foot seal of fine sand. The remaining annular space was grouted to the surface and completed with a flush -mounted road box formed in a two (2) feet by two (2) feet concrete pad. The monitoring well was subsequently developed with a submersible pump until the discharged effluent flowed clear. The monitoring well location is depicted on Figures 1 and 2. A copy of the Well Construction and Development Log are provided in Appendix A. The State of Florida Permit to Construct, Repair, Modify, or Abandon a Well and well completion report are provided in Appendix B. ef1V11"+d 1 City of Sebastian Remedlal Action interim Report March 2023 During well installation, soil samples were collected continuously for field screening at one foot intervals to a depth of six feet BLS, and then at two feet intervals to the total depth of the monitoring well. Soil samples were recovered and placed In sixteen- (16) ounce glass jars, leaving approximately half of the jar as a headspace in which organic vapors could accumulate. The openings of the jars were sealed with aluminum foil. The headspace was allowed to equilibrate approximately five- (5) minutes before analysis. The soil samples were field screened using a MiniRAE 3000 Organic Vapor Analyzer/Photo Ionization Detector (OVAIPID), which was calibrated prior to use with an Isobutylene one hundred (100) parts per million (ppm) standard in accordance with manufacturer specifications. Screening for petroleum vapors was conducted using the headspace reading procedure specified in Rule 62.780.200(17) of the Florida Administrative Code (FAC). Positive OVA responses were observed in the 8-10ft and 10-12ft intervals. OVA readings ranged from 7.2 ppm to 39 ppm in the eight to twelve foot intervals of MW-17. A summary of the OVA/PID vapor survey results are provided on Table 1, including historical data. Site lithology documented during the monitoring well installation consisted of fine-grained sands to total depth of 12 feet BLS. Based on observable moisture content, the water table bridged 6- 8 feet BLS. The Soil Boring Log is provided in Appendix C. A copy of the OVA field calibration form (Form FD 9000-8) and field notes are included in Appendix D. Soil drill cuttings were spread onsite. Photographs taken during well installation activities are included in Appendix E. Monitorinq Well Samplinq From January 11-12, 2023, groundwater samples were recovered from monitoring wells MW-1, MW-2, MW-3R, MW-5, MW-7D, MW-8, MW-9, MW-10R, MW-12, MW-13, MW-14, MW-15, MW- 16 and MW-17. The monitoring well locations are depicted on Figure 9 and 2. Depth -to -water measurements were collected from the monitoring wells using a water level meter. In January 2023, groundwater in the upper zone of the surficial aquifer flowed generally east. Historical gauging events were to the east and northeast. The water table in January 2023 is approximately 0.7 feet higher than the previous sampling event in June 2022. Monitoring well gauging and elevation data is summarized on Table 3, and a Groundwater Elevation Contour Map is included as Figure 5. Depth -to -wafer measurements and total well depths were used to calculate well volumes. EnviroTrac used a variable speed peristaltic pump to purge the monitoring wells in accordance with the procedures outlined in FDEP Standard Operating Procedure (SOP) 001/01, FS2200 (revised January 2017; effective April 16, 2018) and SOP PCS-005 (Variances and Clarifications to the Groundwater Sampling Standard Operating Procedure for Bureau of Petroleum Storage Systems Sites, May 2, 2005). Field stabilization parameters were collected after the first well or equipment volume was purged and every three (3) minutes thereafter. The following water quality meters were calibrated and used to collect the requisite parameters during purging: YSI-556 Multimeter (dissolved oxygen, specific conductance, pH, oxidation reduction potential, and temperature), HF Scientific Micro (TPW20000), and HACH 2100Q (turbidity). The groundwater samples collected from the monitoring wells were placed on ice, logged on a Chain of Custody, and submitted to Pace Analytical Services, Inc., Florida Certification Number E83079, for laboratory analysis by one or more of the following: Priority Pollutant Volatile Organics by EPA Method 8260, PAHs by EPA Method 8270 and EPA Method 6010 Total Lead. Copies of the field calibration forms (Field Instrument Calibration Records - PRP), groundwater sampling logs (Form FD 9000-24) and field notes are included in Appendix F. .�•��+��+ .114E li—rlai44li. Enviro�r"dC 178 of 195 City of Sebastian Remedial Action Interim Report March 2023 Laboratory analysis of the groundwater sample collected from monitoring well MW-2 reported concentrations of ethylbenzene (46.2 micrograms per liter [pg/L]), naphthalene (40.2 pg/L), and isopropylbenzene/cumene (21.6 pg/L), above their respective GCTLs. Cumene was above the Natural Attenuation Default Concentration (NADC) of 8 pg/L. This well also yielded 1- methylnaphthalene and 2-methylnaphthalene below Groundwater Cleanup Target Levels (GCTLs). Concentrations in MW-2 were consistent with June 2022 data. Laboratory analysis of the groundwater sample collected from monitoring well MW-3R reported concentrations of isopropylbenzenelcumene (3.8 pg1L) above the GCTLs of 0.8 pg/L. The cumene concentration was consistent with the June 2022 data. Ethylbenzene, naphthalene, 1- methyl naphthalene and 2-methyl naphthalene were also present below GCTLs. Laboratory analysis of the groundwater sample collected from monitoring well MW-9 reported concentrations of isopropylbenzenelcumene (6.0 pg/L) above the GCTL of 0.8 pg/L. The cumene concentration was higher than June 2022. Laboratory analysis of the groundwater sample collected from monitoring well MW-1 OR reported concentrations of ethylbenzene (69.5 pg1L), isopropylbenzene/cumene (7.5 pg/L) and naphthalene (15.5 pg/L) above their respective GCTLs. The concentrations in MW-1OR showed increases in those contaminants. Ethylbenzene and naphthalene concentrations were below CTLs during the previous sampling event. 1-methyl naphthalene and 2-methyl naphthalene were present below GCTLS. Laboratory analysis of the groundwater sample collected from monitoring well MW-16 reported concentrations of ethylbenzene (215 pg/L), total xylenes (72.9 pg/L), naphthalene (57.7 pg/L), isopropylbenzene/cumene (51.0 pg1L), 1,2,4-Trimethylbenzene (168 pg/L), and 1,3,5- Trimethylbenzene (38.1 pg/L) above their respective GCTLs. Concentrations exceeded the NADCs for isopropylbenzene/cumene and 1,2,4-Trim ethylbenzene. 1-Methylnapthalene and 2- methyl naphthalene were present below GCTLs. All contaminant concentrations have decreased since the previous sampling event in June 2022. Laboratory analysis of the groundwater sample collected from monitoring well MW-17 reported concentrations of ethylbenzene (455 pg/L), naphthalene (98.8 pg/L), 2-methyl naphthalene (29.1 pg1L), and isopropylbenzenelcumene (47.5 pg1L) above their respective GCTLs. Ethylbenzene and isopropylbenzene/cumene concentrations exceeded NADCs. 1-methyl naphthalene was present below the GCTL. The remainder of the groundwater samples (MW-1, MW-5, MW-7D, MW-8, MW-12, MW-13, MW- 14, and MW-15) did not indicate the presence of any petroleum products' COC at concentrations. above the GCTLs. During this event, the highest concentrations were documented in MW-16 and MW-17, showing multiple contaminants above NADCs. The groundwater analytical data is summarized on Tables 4A and 4B, and shown on Figure 4. Groundwater isoconcentration maps for ethylbenzene, total xylenes, naphthalenes, 1,2,4-. Trimethylbenzene & 1,3,5-Trimethyl benzene, and Isopropylbenzene/Cumene are provided as Figures 5 through 9, respectively. A complete copy of the laboratory analytical report, including the Chain of Custody and Quality Assurance/Quality Control (QAIQC) data, is provided in Appendix G. envi r�ol M- C 179 of 195 City of Sebastian Remedial Action Interim Report March 2023 Monitoring Well Repairs While onsite for groundwater sampling, well repairs were made to MW-7D and RW-1. RW-1 was repaired and set at grade and MW-7D was located and new pad installed. The manholes and well pads were removed and replaced. Photographs taken during well repairs are included in Appendix E. Field notes are included in Appendix F. Conclusions GCTL and/or NADC exceedances were reported in monitoring wells MW-2, MW-3R, MW-9, MW- 14R, MW-16 and MW-17; wells MW-1, MW-5, MW-7D, MW-8, MW-12, MW-13, MW-14, and MW- 15 tested below GCTLs. The highest concentrations were observed in MW-16 and MW-17; this could indicate the extent of the former UST area. The groundwater table was observed around 6.5-7.0 feet; the water table was observed around 7.5-8.0 feet during the previous sampling event. Items of note during the December 2022 and January 2023 field events: • MW-7D and RW-1 manholes and well pads were removed and replaced. • There do not appear be any petroleum impacts present in the vadose zone at MW-17 as evidenced by OVA readings. Positive OVA responses were observed within the water table. • Monitoring well MW-16 and MW-17 showed the highest COCs during the January 2023 sampling event. The highest ethylbenzene and naphthalene concentrations were reported in new well MW-17. The highest cumene concentration was reported in MW-16. Although MW-16 had some of the highest concentrations, concentrations have decreased since the prior sampling event in June 2022. • The cumene concentration in MW-9 increased since the last sampling event; MW-10R had multiple increases in contaminant concentrations. • Photo documentation of the field events is included in Appendix E. Based on the elevated levels of dissolved -phase impacts currently present at the subject site, EnviroTrac recommends moving forward with the current Purchase Order, preparing a Pilot Test Plan. If you have any questions or require additional information regarding this RAI Report, please do not hesitate to contact the undersigned at (813) 626-8443. Sincerely, En viroTrac�,L, td. DMAA� 6U/)I " Carrie Lawson Project Manager Attachments 180 of 195 EXHIBIT C FLORIDA BROWNFIELD REDEVELOPMENT PROGRAM 183 of 195 The Brownfield Redevelopment Bonus Refund is available to encourage redevelopment and job creation on sites with a Brownfield Site Rehabilitation Agreement (BSRA) within designated brownfield areas. A pre -approved applicant may receive a tax refund equal to 20 percent of the average annual wage of the new jobs created in a designated brownfield area up to a maximum of $2,500 per new job created. Refunds are based upon taxes paid by the business, including corporate income, sales, ad valorem, intangible personal property, insurance premium, and certain other taxes. No more than 25 percent of the total refund approved may be paid in any single fiscal year. The Brownfield Redevelopment Bonus may be awarded in addition to the Qualified Target Industry (QT1) Tax Refund provided under s. 288,106 Florida Statutes. (Please refer to the QTl Tax Refund information sheet for additional information.) Key Definitions "Brownfield site" means real property that is generally abandoned, idled, or underused where the expansion, redevelopment, or reuse of which may be complicated by actual or perceived environmental contamination. "Brownfield area" means a contiguous area of one or more brownfield sites, some of which may not be contaminated, and which has been designated by a local government by resolution. Such areas may include all or portions of community redevelopment areas, enterprise zones, empowerment zones, other such designated economically deprived communities and areas, and Environmental - Protection -Agency -designated brownfield pilot projects. "Brownfield site rehabilitation agreement" means an agreement entered into between the property owner and DEP or local government delegated by DEP which establishes time frames, schedules, and milestones for completion of commitments and provisions of the agreement. Eligibility To qualify, an applicant must locate on a site with a BSRA within a brownfield area and: • Be certified as QTI business as defined in Section 288.106. F.S., or • Be a business that can demonstrate a fixed capital investment of at least $2 million in mixed - use business activities, including multiunit housing, commercial, retail, and industrial and which provides benefits to its employees; • Create at least 10 new permanent Florida full-time jobs with benefits, excluding construction and site remediation jobs; • Show that the project will diversify and strengthen the surrounding economy of the site; • Show that the project will promote capital investment in the area beyond that contemplated for the rehabilitation of the site,- and • The site must have an executed Brownfield Site Rehabilitation Agreement (BSRA) with the Department of Environmental or adjacent to a site with a BSRA. Enterprise Florida 1800 North Magn0a Avenue I Suite 1100 1 Orlando. FL 32803 1 i 407-956-5600 1 F 407-956-5599 I eolerpriseflorida.corn 186 of 195 Application Process • In order to participate, a company must apply to Enterprise Florida, Inc. (EFI). EFI staff will shepherd businesses and communities through the entire application process, ensuring that the company and community understand what is required for a complete, effective application. • EFI submits application and recommends project to the Director of the Department of Economic Opportunity (DEO) who makes the final decision on the project. Approval Process Award • DEO's approval or disapproval of the application is in the form of a certification letter. • If the application is approved, the certification letter will indicate the amount and schedule of tax refunds approved, as well as the number of jobs and average wage rate for the project jobs as stated in the application. • Once the Brownfield Redevelopment Bonus application is approved, the business will begin working directly with DEO to finalize the tax refund agreement. Within 120 days of issuance of the certification letter, the eligible business and the Director of DEO must sign a written tax refund agreement. • The business submits a claim to DEO each year for the scheduled tax refund. • If all the terms of the tax refund agreement are met, DEO pays the refund. Statutory Reference: Section 288.107, Florida Statutes Enterprise Florida 1800 North Magnolia Avenue I Suite 1100 I Orlando, FL 32803 IT 407-956-5600 IF 407-956-5599 I enterp6setloridacom 187 of 195 CONTINUUM OF FUNDING FAIR BROIE NFIELDS REDEVELOPMENT PLAN -Phase I & II Assessments -Inventory & categorize -Remediation planning -Community engagement U.S. Environmental Protection Agency Florida Department of Environmental Protection > CLEAN -Remediate, remove, or contain contamination -Monitor U- . c11V1FVnrcienEa1 Protection Agency Florida Department of Environmental Protection ► REDEVELOP -Build -Rehabilitate -Restore U.S. Economic Development Administration Florida Department of Revenue TRANSFORM -Healthcare facilities -Parks and open space -Grocery stores -Affordable housing "ommuniry Development Funds Florida Department of Economic Opportunity *EDA Grants Include - Public works, local technical assistance, economic adjustment, short-term planning, and small business RLF with SOO/0 match. For More Information Contact: Stephanie Heidt, AICP .Economic Development and Intergovernmental Programs Director o Treasure Coast Regional Planning Council 772.221..4060 �o sheidt@tcroc.or_v �1 EXHIBIT "D" RI+P 23-11 "AS -IS" SALE Or CITY -OWNED PROPERTY SALE AND PURCHASE AGREEMENT SOLD "AS IS" 100 Veterans Memorial Way, Sebastian, FL 32958 (Formally Public Works Compound) Parcel: 31390600000005000010.0 PARTIES: CITY OF SEBASTIAN, whose address is 1225 Main Street, Sebastian, FL, "CITY," and , "PURCHASER," hereby agree that CITY shall sell and PURCHASER shall purchase the following described property, situate, lying and being in Indian River County, Florida, all of which is referred to as the "Property," upon the terms and conditions hereinafter set forth. LEGAL DESCRIPTION ,44 jp ♦ti -� f �• r f � i EO too fsv 200 �.. i TERMS AND CONDITIONS OF PURCHASE Purchase Price: (a: Purchase Price $ (b) Initial Deposit submitted with Proposal on <Date> to be held by the City of Sebastiar - $ (c) 2° Deposit submitted on <Date> to be held by the City of Sebastiar - $ 0 Balance to close $ 189 of 195 Proceeds of Sale: The purchase price shall be paid at closing by wire transfer or cashier's check drawn on a Florida financial institution, payable to CITY, less any credits to PURCHASER, pursuant to any adjustments necessitated by prorations of any sums agreed to be prorated between the parties, if any. SALES AND PURCHASE AGREEMENT between CITY OF SEBASTIAN and Proposal Submission: The proposal submitted by the PURCHASER, in response to RFP 21-06, is a part of this Agreement (Exhibit A' . Approval of sale is based on the proposed price, proposed use and proposed timeline. Reversion Clause: If the PURCHASER is found to not be in compliance with the proposed use of the property and time specified in the proposal, title to the deeded property reverts to the City and any and all funds paid by the PURCHASER shall remain with the CITY, this is the legal right of the CITY. TIME AND PLACE OF CLOSING It is agreed that this transaction shall be closed, and the PURCHASER shall pay the purchase price as provided herein above, and CITY shall execute all papers or documents necessary to be executed by CITY under the terms of this Agreement on or before the 90th day after execution of the Agreement by the PURCHASER, at the office of the City Attorney or the Closing Agent's Office, or at such other place as CITY may designate. Unless otherwise agreed upon in this Agreement, possession and occupancy will be delivered to PURCHASER at the time of closing. ALL CLOSING COST, INCLUDING, CLOSING AGENT COST, SHALL BE BORNE BY PURCHASER. EFFECTIVE DATE The Effective Date shall be the last date of execution by PURCHASER or CITY. All time periods shall be calculated commencing the day after the Effective Date unless specified herein. Any modification, amendment, or alteration thereto, shall not be effective or binding upon any of the parties hereto until it is approved by the City Council and executed by the City's Mayor, Manager, Clerk and Attorney. TAXES/PRORATION Taxes: PURCHASER will be responsible for prorated taxes due for the remaining year once property is transferred. PURCHASER will be responsible for the next coming tax bill and all applicable taxes due in future years. Special Assessment Liens: Certified special assessment liens shall be paid by the City at the time of closing. The City represents that there are no pending liens at this time affecting the property which have been made by the City and to the best of its knowledge, there are no other pending liens affecting the property. However, if at the time of closing there shall be new or pending liens, PURCHASER shall assume the same. Other Proration: Any rents, revenues, unearned insurance premiums, liens, or other charges to be prorated shall be prorated as of the date of closing, provided that in the event of an extension of the date of closing, at the request of or through the fault of either party, such date of proration shall be the date upon which the other parry indicated its readiness to close. 190 of 195 SALES AND PURCHASE AGREEMENT between CITY OF SEBASTIAN and PROPERTY SOLD "AS IS" CITY shall convey the property in its present "as is" condition, with the exception of Governmental and Related Matters and Environmental Hazards, described below. CITY has not made and does not make any representations as to the physical condition, expenses, operation, title or any other matter or thing affecting or related to the property, except as specifically set forth in this Agreement. CITY makes no warranties other than marketability of title and will make no repairs. PURCHASER acknowledges that all representations which CITY has made, if any, and upon which PURCHASER relied in making this Agreement, have been included in this Agreement. All understandings and agreements heretofore had between the parties are merged in this Agreement, which alone fully and completely expresses their agreement, and the same is entered into after full investigation, neither party relying upon any statement, representation, express or implied warranties, guarantees, promises, statements, representation or information, not embodied in this Agreement, made by the other, or by any real estate broker, agent, employee, servant or other person representing or purporting to represent CITY. INSPECTION PERIOD AND RIGHT TO CANCEL PURCHASER shall have ten (10) days from Effective Date, considered the "Inspection Period", within which to have such inspections of the Property performed, at PURCHASER'S expense. PURCHASER shall be responsible for prompt payment for any such inspections and repair of damage to and restoration of the Property resulting from such inspections. This provision shall survive termination of the Agreement. PURCHASER has had the opportunity to inspect the Property, is thoroughly acquainted with its condition, and takes same "as is." If PURCHASER determines,, -in PURCHASER's sole discretion, that the condition of the Property is not acceptable to PURCHASER, PURCHASER may cancel the Agreement by delivering written notice of such election to CITY within 24 hours after the inspection. If PURCHASER timely cancels the Agreement, the deposit paid shall be immediately returned to PURCHASER; thereupon, PURCHASER and CITY shall be released of all further obligations under the Agreement, except as provided in Subparagraph B, above. PURCHASER's failure to give written notice to CITY shall be deemed a waiver of PURCHASER's right to terminate this Contract according to the terms of this Paragraph. DEPOSIT The deposits of PURCHASER in the sum of _______ _____Dollars ($) shall, at the closing, constitute a credit to PURCHASER against the total purchase price of ($ ) and shall, accordingly, be deducted in determining the balance due at the closing. Interest earned, if any, on the amount of the bid bond shall remain the property of the CITY without credit to the PURCHASER. The deposits are non-refundable ten (10) days from the Effective Date. This Agreement shall supersede any term or condition in conflict with PURCHASER's bid documentation. CONVEYANCE AND TRANSFER The real property herein described shall be conveyed to PURCHASER by a properly executed and acknowledged Warranty Deed subject to: (1) taxes for year of closing and subsequent years; (2) zoning and/or restrictions and prohibitions imposed by governmental authority; (3) restrictions and other matters appearing on the plat and/or common to the subdivision; (4) utility easements of record, provided said easements do not reasonably interfere with the intended use of the property; and (5) other matters specified in this Contract, including mortgages to be assumed by Buyer and Purchase Money Mortgages, if any. 191 of 195 SALES AND PURCHASE AGREEMENT between CITY OF SEBASTIAN and SURVEY PURCHASER, at PURCHASER'S expense, may have the Property surveyed and certified by a Registered Florida Surveyor and shall have said sealed survey delivered to CITY. If the survey shows encroachments on Property or that improvements located on Property encroach on setback lines, easements, lands of others or violates any restrictions, the covenants herein or applicable governmental regulations, the same shall constitute a title defect as provided for hereinafter in paragraph entitled, "Examination and Approval of Title." DOCUMENTARY STAMPS AND TANGIBLE TAXES AND RECORDING COSTS PURCHASER shall cause to be placed upon the Warrantv Deed conveying the Property, state surtax and documentary stamps as required by law. CITY shall pay all tangible personal property taxes and the cost of recording any corrective instruments reasonably necessary to assure good and marketable title. PURCHASER shall pay for the cost of recording the warranty deed. PUBLIC DISCLOSURE CITY further agrees that at least ten (10) days prior to closing, in accordance with Section 286.23, Florida Statutes, CITY shall make a public disclosure, in writing, under oath and subject to the penalties prescribed for perjury, which shall state the name and address of CITY and the name and address of every person having any beneficial interest in the subject real property, if any. PERSONS BOUND The benefits and obligations of the covenants herein shall inure to and bind the respective heirs, personal representatives, successors and assigns (where assignment is permitted) of the parties hereto. Whenever used, the singular number shall include the plural, the singular, and the use of any gender shall include all genders TIME OF THE ESSENCE It is hereby understood and agreed between the parties that time is of the essence throughout this Agreement. DEFAULT Default by Purchaser: Refer to Reversion Clause. Default by City: If, for any reason other than failure of CITY to make title marketable after diligent effort, CITY fails neglects or refuses to perform this Contract, the PURCHASER may seek specific performance or elect to receive the return of PURCHASER's deposit without thereby waiving any action for damages resulting from CITY's breach. 192 of 195 SALES AND PURCHASE AGREEMENT between CITY OF SEBASTIAN and MECHANICS' LIENS CITY hereby represents and warrants to PURCHASER that as of the effective date of this Agreement, there are no claims or potential claims for mechanic's liens, either statutory or at common law, and that neither CITY nor CITY's agent has caused to be made on the Property within ninety (90) days immediately preceding the effective date of this Agreement, any improvement which could give rise to any mechanic's lien. CITY shall furnish to PURCHASER at time of closing an affidavit in the form approved by the City Attorney. If any improvements have been made to the Property within ninety (90) days prior to the date of closing, CITY shall deliver releases or waivers of all mechanic's liens, executed by general Agreementors, subAgreementors, suppliers or materialmen, in addition to CITY's mechanic's lien affidavit, setting forth the names of all such general Agreementors, subAgreementors, suppliers and materialmen, and further reciting that, in fact, all bills for work to the Property which could serve as the basis for a mechanic's lien, have been paid. BROKER'S COMMISSION CITY hereby represents and warrants that it has dealt with no broker. If applicable, PURCHASER acknowledges utilizing PURCHASER agrees to hold CITY harmless from any claim or demand for commissions made by or on behalf of any broker or agent in connection with this purchase and sale. PURCHASER agrees to pay all real estate commissions in connection with this transaction. MODIFICAT)ON This Agreement supersedes all prior negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein; and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. EXAMINATION AND APPROVAL OF TITLE A Title Commitment may be procured by the PURCHASER, and obtained by PURCHASER within thirty (30) days after the effective Agreement date. PURCHASER shall pay the cost thereof as well as the cost of any update. PURCHASER shall have fifteen (15) days from the date of receiving said commitment of title to examine same. Failure of bidder to timely obtain title information shall not extend the time for closing. If title is found to be defective due to conditions or restrictions other than those set forth herein, PURCHASER shall, within said period, notify the City Attorney in writing, specifying the defects. If the said defects, other than those set forth herein, and that the title was obtained by or through a tax deed, render the title unmarketable, the CITY shall have one hundred twenty (120) days from receipt of such notice to cure the defects, and if after said period the CITY shall not have cured the defects, PURCHASER shall have the option of (1) accepting the title as it then is, or (2) demanding a refund of all monies paid hereunder which ,shall forthwith be returned to PURCHASER, and thereupon the PURCHASER and the CITY shall be relieved of all further obligations. 193 of 195 SALES AND PURCHASE AGREEMENT between CITY OF SEBASTIAN and ENVIRONMENTAL HAZARDS CITY represents that CITY has no underground storage containers or buried barrels or drums of any kind in or on the Property and does not and has not conducted hazardous or toxic substances activity. At PURCHASER's option within five (5) days from the Effective Date, PURCHASER may, at PURCHASER's expense, apply for a Phase I Environmental Property Assessment upon the Property and any improvements upon the Property by a Florida licensed environmental engineer. PURCHASER shall forthwith deliver to CITY a copy of all resulting environmental reports. If a Phase I inspection reveals an environmental hazard or if a lender requires a Phase II or III investigation, PURCHASER shall deliver written notice of the requirement to the CITY and CITY may elect within FIVE (5) days from receipt of the notice to conduct the investigation at CITY's expense. If CITY elects not to conduct the investigation, either party may terminate this Contract. If CITY elects to pay for and make corrective measures required by law, PURCHASER shall either extend closing or CITY shall escrow the amount necessary to complete the cleanup. CITY shall have ninety (90) days after Notice to complete cleanup. If problem has not been resolved by that time, either party may agree to extend for an additional length of time or Contract may be terminated by either party. GOVERJVMENTAL AND RELATED MATTERS CITY warrants and represents that to the best of his knowledge the property in its present condition is not in violation of any governmental regulations. All improvements to the property have been properly permitted. To the extent that any aspect of the property is in violation with all such governmental regulations, then PURCHASER shall give written notice to CITY and CITY shall have sixty (60) days to remedy the defect. If after the expiration of the said sixty (60) day period CITY has been unable to remedy said defects, PURCHASER may cancel the contract, whereupon his deposit shall be refunded. In the alternative, PURCHASER may accept the property in its present condition. CITY shall make a due diligent, good faith effort to bring the property into compliance with all governmental regulations. CITY's warranties herein contained shall not survive the closing of this transaction. GROWTH MANAGEMENT ACT The PURCHASER is hereby advised that the State of Florida has adopted a Growth Management Act which could affect the future development of the subject property regardless of the present zoning classification. The CITY and broker, if any, disclaims any liability for the consequences arising from the application of said act. PURCHASER is advised to.contact the appropriate governmental agency or department with jurisdiction over the subject property. The CITY and broker, if any, makes no representations to the PURCHASER as to the impact of the Growth Management Act on the subject property. COASTAL CONSTRUCTION CONTROL LINE If all or part of the property is located seaward of the Coastal Construction Control Line as defined in Florida Statute 161.053, it is subject to government regulation. Florida law requires CITY to provide PURCHASER with an affdavit, or a survey meeting the requirements of chapter 472 of the Florida Statutes, delineating the location of the CCCL on the property at or prior to closing. INGRESS AND EGRESS CITY warrants that there are ingress and egress to the property over public or private roads or easements sufficient for the intended use thereof, and this warranty shall survive the closing. NOTICE AND TIME Notice given by or to the Attorney for either party shall be effective as if given by or to said party. Any reference to time periods of less than six (6) days shall, in the computation thereof, exclude Saturdays, Sundays and legal holidays, and any time period which shall end on a Saturday, Sunday or legal holiday shall extend to 5:00 o'clock P.M. on the next full business day. CONTRACT NOT RECORDABLE Neither this Contract nor any notice thereof shall be recorded in the public records. 194 of 195 SALES AND PURCHASE AGREEMENT between CITY OF SEBASTIAN and FIRPTA All parties are advised that the I.R.S. Code requires the PURCHASER to withhold ten percent (10%) of the sales price for tax on sales by certain foreigners. The tax will be withheld unless affidavits of compliance with the I.R.S Code or an I.R.S. qualifying statement are provided to PURCHASER at closing. ATTORNEY'S FEES AND COSTS In any litigation (including all appeals) arising out of this Contract involving CITY and PURCHASER or Broker, if any, the prevailing party shall be entitled to recover all costs incurred, including reasonable attorney's fees. IKTEREST No interest shall be paid to the CITY or PURCHASER on deposits or on mortgage proceeds or closing proceeds not disbursed to CITY at closing. SURVIVOR OF COVENANTS All covenants, grants, representations and warranties contained herein shall survive closing and delivery of the deed. EXECUTION This document, consisting of seven (7) pages, shall be executed and serve as the Sale and Purchase Agreement between parties mentioned herein. NTi1fl►I*1�*11j Print Name: Print Name: ATTEST (SEAL): Jeanette Williams, MMC CITY CLERK Approved as to form and legality for reliance by the City of Sebastian only: CITY ATTORNEY PURCHASER: BY: Print Name: Title: BY: Print Name: Title: DATE: CITY OF SEBASTIAN: BY: BY: Paul E. Carlisle, CITY MANAGER DATE: , MAYOR 195 of 195